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S.2150-5
an agreement as to the rules for the measurement of vessels and cargoes
and the rates of charges or tolls to be levied for the use of the Saint
Lawrence Seaway, and for an equitable division of the revenues of
the seaway between the Corporation and the Saint Lawrence Seaway
Authority of Canada. Such rules for the measurement of vessels and
cargoes and rates of charges or tolls shall, to the extent practicable,
be established or changed only after giving due notice and holding
a public hearing. In the event that such negotiations shall not result
in agreement, the Corporation is authorized and directed to establish
unilaterally such rules of mensurement and rates of charges or tolls
for the use of the works under its administration Provided, however,
That the Corporation shall give three months' notice, by publication
in the Federal Register, of any proposals to establish or change uni-
laterally the basic rules of measurement and of any proposals to
establish or change unilaterally the rates of charges or tolls, during
which period a public hearing shall be conducted. Any such establish-
ment of or changes in basic rules of measurement or rates of charges
or tolls shall be subject to and shall take effect thirty days following
the date of approval thereof by the President, and shall be final and
conclusive, subject to review as hereinafter provided. Any person
aggrieved by an order of the Corporation establishing or changing
such rules or rates may, within such thirty-day period, apply to the
Corporation for a rehearing of the matter upon the basis of which
the order was entered. The Corporation shall have power to grant
or
deny the application for rehearing and upon such rehearing or with-
out further hearing to abrogate or modify its order. The action of
the Corporation in denying an application for rehearing or in abro-
gating or modifying its order shall be final and conclusive thirty days
after its approval by the President unless within such thirty-day period
a petition for review is filed by a person aggrieved by such action in the
United States Court of Appeals for the circuit in which the works
to which the order applies are located or in the United States Court
of Appeals for the District of Columbia. The court in which such
petition is filed shall have the same jurisdiction and powers as in the
case of petitions to review orders of the Federal Power Commission
filed under section 313 (b) of the Federal Power Act (16 U.S. C. 8251).
The judgment of the court shall be final subject to review by the
Supreme Court upon certiorari or certification as provided in sections
1254 (1) and 1254 (3) of title 28 of the United States Code. The
filing of an application for rehearing shall not, unless specifically
ordered by the Corporation, operate as a stay of the Corporation's
order. The filing of a petition for review shall not, unless specifically
ordered by the court, operate as a stay of the Corporation's order.
(b) In the course of its negotiations, or in the establishment, uni-
laterally, of the rates of charges or tolls as provided in subsection (a),
the Corporation shall be guided by the following principles:
(1) That the rates shall be fair and equitable and shall give due
consideration to encouragement of increased utilization of the naviga-
tion facilities, and to the special character of bulk agrieultural, min-
eral, and other raw materials.
(2) That rates shall vary according to the character of cargo with
the view that each classification of cargo shall so far as practicable
derive relative benefits from the use of these facilities.
(3) That the rates on vessels in ballast without passengers or cargo
may be less than the rates for vessels with passengers or cargo.
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Document data
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DTO data
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Context sent to Scholar
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Page context
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"ocrText": "S.2150-5\nan agreement as to the rules for the measurement of vessels and cargoes\nand the rates of charges or tolls to be levied for the use of the Saint\nLawrence Seaway, and for an equitable division of the revenues of\nthe seaway between the Corporation and the Saint Lawrence Seaway\nAuthority of Canada. Such rules for the measurement of vessels and\ncargoes and rates of charges or tolls shall, to the extent practicable,\nbe established or changed only after giving due notice and holding\na public hearing. In the event that such negotiations shall not result\nin agreement, the Corporation is authorized and directed to establish\nunilaterally such rules of mensurement and rates of charges or tolls\nfor the use of the works under its administration Provided, however,\nThat the Corporation shall give three months' notice, by publication\nin the Federal Register, of any proposals to establish or change uni-\nlaterally the basic rules of measurement and of any proposals to\nestablish or change unilaterally the rates of charges or tolls, during\nwhich period a public hearing shall be conducted. Any such establish-\nment of or changes in basic rules of measurement or rates of charges\nor tolls shall be subject to and shall take effect thirty days following\nthe date of approval thereof by the President, and shall be final and\nconclusive, subject to review as hereinafter provided. Any person\naggrieved by an order of the Corporation establishing or changing\nsuch rules or rates may, within such thirty-day period, apply to the\nCorporation for a rehearing of the matter upon the basis of which\nthe order was entered. The Corporation shall have power to grant\nor\ndeny the application for rehearing and upon such rehearing or with-\nout further hearing to abrogate or modify its order. The action of\nthe Corporation in denying an application for rehearing or in abro-\ngating or modifying its order shall be final and conclusive thirty days\nafter its approval by the President unless within such thirty-day period\na petition for review is filed by a person aggrieved by such action in the\nUnited States Court of Appeals for the circuit in which the works\nto which the order applies are located or in the United States Court\nof Appeals for the District of Columbia. The court in which such\npetition is filed shall have the same jurisdiction and powers as in the\ncase of petitions to review orders of the Federal Power Commission\nfiled under section 313 (b) of the Federal Power Act (16 U.S. C. 8251).\nThe judgment of the court shall be final subject to review by the\nSupreme Court upon certiorari or certification as provided in sections\n1254 (1) and 1254 (3) of title 28 of the United States Code. The\nfiling of an application for rehearing shall not, unless specifically\nordered by the Corporation, operate as a stay of the Corporation's\norder. The filing of a petition for review shall not, unless specifically\nordered by the court, operate as a stay of the Corporation's order.\n(b) In the course of its negotiations, or in the establishment, uni-\nlaterally, of the rates of charges or tolls as provided in subsection (a),\nthe Corporation shall be guided by the following principles:\n(1) That the rates shall be fair and equitable and shall give due\nconsideration to encouragement of increased utilization of the naviga-\ntion facilities, and to the special character of bulk agrieultural, min-\neral, and other raw materials.\n(2) That rates shall vary according to the character of cargo with\nthe view that each classification of cargo shall so far as practicable\nderive relative benefits from the use of these facilities.\n(3) That the rates on vessels in ballast without passengers or cargo\nmay be less than the rates for vessels with passengers or cargo."
}