An Act to amend the Interstate Commerce Act, as amended, to provide grandfather rights for certain motor carriers and freight forwarders operating in interstate or foreign commerce within Alaska and between Alaska and the other States of the United States, and for certain water carriers operating within Alaska, to provide ""grandfather"" rights for certain freight forwarders operating between Hawaii and the other States of the United States, and for other purposes
PL 86-615 (S.1509), enacted 07/12/1960

PUBLIC LAW 86-615-JULY 12, 1960 
[74 S T A T . 
Public Law 86-615 
July 12, 1960 
[S. 1509] 
AN ACT 
Interstate C o m -
merce Act, amend-
ment. 
49 Stat. 551. 
49 u s e 307. 
49 u s e 310. 
To amend the Interstate Commerce Act, as amended, to provide "grandfather" 
rights for certain motor carriers and freight forwarders operating in interstate 
or foreign commerce within Alaska and between Alaska and the other States 
of the United States, and for certain water carriers operating within Alaska, 
to provide "grandfather" rights for certain freight forwarders operating 
between Hawaii and the other States of the United States, and for other 
purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That section 206(a) 
of the Interstate Commerce Act, as amended (49 U.S.C. 306(a)), is 
amended by adding at the end thereof the following new paragraphs: 
"(4) Subject to the provisions of section 210, any common carrier 
by motor vehicle which, on the date this paragraph takes effect, is the 
holder of a certificate or certificates described in paragraph (2) of 
this subsection or issued under paragraph (3) of this subsection or 
section 207(a), authorizing transportation by motor vehicle between 
places in the United States of passengers or property in commerce 
between the United States and the Territory of Alaska, and on August 
26,1958, it or its predecessor in interest was engaged in the transporta-
tion of passengers or property as a common carrier by motor vehicle 
between places in the United States and places in Alaska, and such 
operations have been continued since that time (or if engaged in 
furnishing seasonal service only, was engaged in such operations in 
the year 1958 during the season ordinarily covered by its operations, 
and such operations have not been discontinued), except in either 
instance as to interruptions of service over which the carrier or its 
predecessor in interest had no control, shall be issued a certificate 
authorizing transportation to or from the points or areas in Alaska 
served by it, from or to all points in the other States of the United 
States designated in the above-mentioned certificate or certificates held 
by the carrier, of passengers or the class or classes of commodities 
specified therein, to the extent that under the said certificate or cer-
tificates the carrier, prior to the date of admission of Alaska into the 
Union, w^as authorized to perform within the States all transportation 
required for through motor vehicle transportation by the carrier to 
or from places in the Territory of Alaska, without requiring further 
proof that public convenience and necessity will be served thereby 
and without further proceedings, if application for such certificate 
is made to the Commission as provided herein on or before December 
31, 1960. Pending the determination of such application, the con-
tinuance of such operations without a certificate shall be lawful. 
Applications for certificates under this paragraph shall be made in 
writing to the Commission and shall be in such form and contain such 
information and be accompanied by proof of service upon such inter-
ested parties as shall be required by the Commission. 
"(5) Subject to the provisions of section 210, if any person (or his 
predecessor in interest) was in operation on August 26,1958, over any 
route or routes, or in any area or areas, as a common carrier engaged in 
the transportation in interstate or foreign commerce of passengers or 
property by motor vehicle between places in the Territory of Alaska, 
and has so operated in Alaska since that time (or if engaged in 
furnishing seasonal service only, was engaged in such operation in the 
year 1958 during the season ordinarily covered by its operations, and 
such operations have not been discontinued), except in either instance 
as to interruptions of service over which such person or his predecessor 
in interest had no control, a certificate shall be issued authorizing such 
74 S T A T . ] 
PUBLIC LAW 86-615-JULY 12, 1960 
383 
operations without requiring further proof that public convenience 
and necessity will be served thereby, and without further proceeding, 
if application for such certificate is made as provided herein on or 
before December 31, 1960: Provided^ however^ That common carriers 
of passengers by motor vehicle shall as a condition precedent to the 
establishment of rights hereunder show compliance with the appli-
cable acts of the Territory of Alaska, and the rules and regulations of 
the Alaska Bus Commission. 
Pending the determination of any such 
application the continuance of such operation without a certificate 
shall be lawful. 
Applications for certificates under this paragraph 
shall be made to the Commission in writing, and in such form, contain 
such information, and be accompanied by proof of service upon such 
interested parties as the Commission shall require." 
SEC. 2. Section 209(a) of the Interstate Commerce Act, as amended 
(49 U.S.C. 309(a)), is amended by adding at the end thereof the fol-
lowing new paragraphs: 
"(4) Subject to the provisions of section 210, any contract carrier 
^^ ^^^ '^°' 
by motor vehicle which, on the date this paragraph takes effect, is the 
holder of a permit or permits described in paragraph (2) of this 
subsection or issued under paragraph (3) of this subsection or under 
section 209(b), authorizing transportation by motor vehicle between 
E
laces in the United States of passengers or property in commerce 
etween the United States and the Territory of Alaska, and on Au-
gust 26,1958, it or its predecessor in interest was engaged in the trans-
portation of passengers or property as a contract carrier by motor 
vehicle betw^een places in the United States and places in Alaska, and 
such operations have been continued since that time (or if engaged 
in the furnishing of seasonal service only, was engaged in such opera-
tions in the year 1958 during the season ordinarily covered by its op-
erations, and such operations have not been discontinued), except m 
either instance as to interruptions of service over w^hich the carrier 
or its j)redecessor in interest had no control, shall be issued a permit 
authorizing transportation to or from the points or areas in Alaska 
served by it, from or to all points in the other States of the United 
States designated in the above-mentioned permit or permits held by 
the carrier, of passengers or the class or classes of commodities spec-
ified therein, to the extent that under the said permit or permits the 
carrier, prior to the date of admission of Alaska into the Union, was 
authorized to perform within the United States all transportation 
required for through motor vehicle transportation by the carrier to or 
from places in the Territory of Alaska, without further proceedings, 
if aj)plication for such permit is made to the Commission as provided 
herein on or before December 31,1960. Pending the determination of 
such application, the continuance of such operation without a permit 
shall be lawful. Applications for permits under this paragraph shall 
be made in writing to the Commission and shall be in such form and 
contain such information and be accompanied by proof of service upon 
such interested parties as shall be required by the Commission. 
"(5) Subject to the provisions of section 210, if any person (or 
his predecessor in interest) was in operation on August 26,1958, over 
any route or routes, or in any area or areas, as a contract carrier 
engaged in the transportation in interstate or foreign commerce of 
passengers or property by motor vehicle between places in the Ter-
ritory of Alaska, and has so operated in Alaska since that time (or 
if engaged in furnishing seasonal service only, was engaged in such 
operations in the year 1958 during the season ordinarily covered by 
its operations and such operations have not been discontinued), 
except in either instance as to interruptions of service over which such 
person or his predecessor in interest had no control, a permit shall be 
384 
PUBLIC LAW 86-615-JULY 12, 1960 
[74 S T A T . 
issued authorizing such operations without further proceedings, if 
application for such permit is made as provided herein on or before 
December 31, 1960. Pending the determination of any such applica-
tion, the continuance of such operation without a permit shall be law-
ful. 
Applications for permits under this paragraph shall be made to 
the Commission in writing, and in such form, contain such informa-
tion, and be accompanied by proof of service upon such interested 
parties as the Commission shall require." 
SEC. 3. Paragraph (10) of section 203(a) of the Interstate Com-
merce Act, as amended (49 U.S.C. 303(a) (10)), is amended by chang-
ing the period at the end thereof to a colon and by adding the follow-
ing : '''•Provided^ That to the extent that such transportation in 'inter-
state commerce' between points in Alaska and points in other States is 
performed within a foreign country, the application of this part shall 
not include any requirement as to conduct in such foreign country 
which is in conflict with a requirement of such foreign country, but 
shall include as a condition to engaging in such operations within the 
jurisdiction of the United States, the observance, as to the entire serv-
ice, of the requirements of this part wiih respect to rates, fares, 
charges, and practices pertaining to such transportation." 
SEC. 4. Section 309(a) of the Interstate Commerce Act, as amended 
(49 U.S.C. 909(a)), is amended by changing the period at the end 
of the last sentence thereof to a colon and by adding the following new 
proviso: ''^Provided further^ That, subject to the provisions of section 
310, if any person (or his predecessor m interest) was in operation on 
August 26, 1958, over any inland waterway, other than the high seas, 
as a common carrier by water, in interstate or foreign commerce, be-
tween points in the Territory of Alaska, and has so operated in Alaska 
since that time (or if engaged in furnishing seasonal service only, was 
engaged in such operations in the year 1958 during the season ordi-
narily covered by its operations, and such operations have not been 
discontinued), except in either instance as to interruptions of service 
over which such person or his predecessor in interest had no control, 
a certificate shall be issued authorizing such operations without re-
quiring further proof that public convenience and necessity will be 
served thereby, and without further proceedings, if application for 
such certificate is made as provided herein on or before December 31, 
1960. Pending the determination of any such application, the con-
tinuance of such operations without a certificate shall be lawful. Ap-
plications for certificates under this proviso shall be filed with the 
Commission in writing, and in such form, contain such information, 
and be accompanied by proof of service upon such interested parties 
as the Commission shall require." 
SEC. 5. Section 309(f) of the Interstate Commerce Act, as amended 
(49 U.S.C. 909(f)), is amended by changing the period at the end of 
the last sentence thereof to a colon and by adding the following new 
proviso: ^''Provided further^ That, subject to the provisions of section 
310, if any person (or his predecessor in interest) was in operation on 
August 26, 1958, over any inland Avaterway, other than the high seas, 
as a contract carrier by water, in interstate or foreign commerce, be-
tween points in the Territory of Alaska, and has so operated in Alaska 
since that time (or if engaged in furnishing seasonal service only, was 
engaged in such operations in the year 1958 during the season ordi-
narily covered by its operations, and such operations have not been 
discontinued), except in either instance as to interruptions of service 
over which such person or his predecessor in interest had no control, 
a permit shall be issued authorizing such operations, without further 
proceedings, if application for such permit is made as provided herein 
before December 31,1960. 
Pending the determination of such appli-
74 S T A T . ] 
PUBLIC LAW 86-615-JULY 12, 1960 
385 
cation, the continuance of such operations without a permit shall be 
lawful. 
Applications for permits under this proviso shall be filed 
with the Commission in writing, and in such form, contain such in-
formation, and be accompanied by proof of service upon such inter-
ested parties as the Commission shall require." 
SEC. 6. Section 410 (a) of the Interstate Commerce Act, as amended 
(49 U.S.C. 1010 (a)), is amended by inserting the figure "(1)" imme-
diately after subsection designation " ( a ) " and by adding the follow-
ing new paragraphs: 
"(2) Subject to the provisions of the last sentence of subsection (c) 
of this section, if any person (or his predecessor in interest) w^as 
engaged in service on August 26, 1958, between places in the Territory 
of Alaska and places in the United States, and between places in the 
Territory of Alaska which service either would have been subject to 
this part or which, in conjunction with the services of other carriers, 
resulted in the transportation of property between such places whether 
or not all of such transportation would have been service subject to 
this part, and has so operated since that time (or if engaged in fur-
nishing seasonal service only, w^as engaged in such operations in the 
year 1958 during the season ordinarily covered by its operations, and 
such operations have not been discontinued), except in either instance 
as to interruptions of service over which such person or his predeces-
sor in interest had no control, a permit shall be issued authorizing 
such operations without further proceedings if application for such 
permit is made as provided liereni on or before December 31, 1960. 
Pending the determination of any such application, the continuance 
of such operations without a permit shall be lawful. 
Applications 
for permits under this paragraph shall be filed with the Commission 
in writing, and in such form, contain such information, and be accom-
panied by proof of service upon such interested parties as the Com-
mission shall require. 
"(3) Subject to the provisions of the last sentence of subsection (c) 
of this section, if any person (or his predecessor in interest) was 
engaged in service on June 27, 1959, between places in the Territory 
of Hawaii and places in the United States, and between places in the 
Territory of Hawaii, which service either would have been subject to 
this part or which, in conjunction with the services of other carriers, 
resulted in the transportation of property between such places whether 
or not all of such transportation would have been service subject to this 
part, and has so operated since that time (or if engaged in furnishing 
seasonal service only, was engaged in such operations in the year 
1959 during the season ordinarily covered by its operations, and such 
operations have not been discontinued), except in either instance 
as to interruptions of service over which such person or his prede-
cessor in interest had no control, a permit shall be issued authorizing 
such operations without further proceedings if application for such 
permit is made as j)rovided herein on or before December 31, 1960. 
Pending the determination of any such application, the continuance 
of such operations without a permit shall be lawful. 
Applications 
for permits under this paragraph shall be filed with the Commission 
in writing, and in such form, contain such information, and be accom-
panied by proof of service upon such interested parties as the Com-
mission shall require." 
SEC. 7. Section 418 of the Interstate Commerce Act, as amended 
(49 U.S.C. 1018), is amended by striking the word "or" in the 
last clause thereof, by changing the period at the end thereof to a 
semicolon, and by adding the following: "the Alaska Kailroad; 
common carriers by water operating between Alaskan ports, and 
between those ports and other ports in the United States or common 
48232 0-61-25 
386 
62 Stat. 386. 
49 u s e 903. 
46 u s e 842. 
46 u s e 848. 
PUBLIC LAW 86-616-JULY 12, 1960 
[74 ST A T 
carriers by water operating between Hawaiian ports, and between 
those ports and other ports in the United States." 
SEIO. 8. Section 303(e) 
of the 
Interstate 
Ck)mmerce Act 
is 
amended by adding a new subsection 3 to read as follows: 
"(3) Notwithstanding any other provision of this Act, any com-
mon carrier by motor vehicle which was engaged also in operations 
between the United States and Alaska as a common carrier by water 
subject to regulation by the Federal Maritime Board under the 
Shipping Act of 1916, as amended, and the Intercoastal Shipping 
Act of 1933, as amended, prior to January 3, 1959, and has so op-
erated since that time, shall as to such operations, remain subject 
to the jurisdiction of the Federal Maritime Board." 
Approved July 12, 1960. 
July 12, 1960 
[S. 1795] 
Public Law 86-616 
AN ACT 
Relating to the promotion and separation of certain officers of the regular com-
ponents of the armed forces. 
Army. 
Be it enacted by the Senate and House of Representatives 
of the 
omcer^°/S"o- Ignited States of Atnerica in Congress assemhled, That chapter 335 of 
Hon and separa- title 10, United States Codc, is amended-^ 
70A Stat. 181. 
(1) by adding the following new sentence at the end of section 
3297(d) : "Notwithstanding any other provision of law, a board 
that is to recommend officers for promotion whom it considers to 
be the best qualified may recommend only those officers whom it 
also considers to be fully qualified."; 
(2) by amending the last sentence of section 3300(c) to read as 
follows: "However, the number prescribed by the Secretary for 
recommendation must be at least 80 percent of those listed for 
consideration for the first time."; and 
(3) by amending section 3303(d) (3) by striking out the words 
"the date he would have been retired under section 3913 of this 
title if he were eligible" and inserting the words "such date as 
may be requested by him and approved under regulations to be 
prescribed by the Secretary of the Army, but not later than the 
first day of the seventh calendar month after the Secretary ap-
proves the report of that board" in place thereof. 
SEC. 2. (a) Chapter 359 of title 10, United States Code, is amended 
to read as follows: 
"CHAPTER 359.—SEPARATION FROM REGULAR ARMY FOR 
SUBSTANDARD PERFORMANCE OF DUTY 
"Sec. 
"3781. Selection boards: composition; duties. 
"3782. Boards of inquiry: coniposition; duties. 
"3783. Boards of review : composition ; duties. 
"3784. Removal of officer: action by Secretary of the Army upon recommen-
dation. 
"3785. Rights and procedures. 
"3786. Officer considered for removal: voluntary retirement or honorable dis-
charge ; severance benefits. 
"3787. Officers eligible to serve on boards, 
"§ 3781. Selection boards: composition; duties 
"The Secretary of the Army may at any time convene a board of 
officers to review the record of any commissioned officer on the active 
list of the Regular Army to determine whether he shall be required, 
because his performance of duty has fallen below standards prescribed 
by the Secretary, to show cause for his retention on the active list.