726 



this chapter, under any false or deceptive marking, 

 description, invoice, shipping order, or other declara- 

 tion, or any person who so delivers any such article 

 without informing such carrier in writing of the 

 true character thereof, at the time such delivery Is 

 made, or without plainly marking on the outside of 

 every package containing explosives or other danger- 

 ous articles the contents thereof, if such marking is 

 required by regulations prescribed by the Interstate 

 Commerce Commission, shall be fined not more than 

 $1,000 or Imprisoned not more than one year, or both, 

 and, if the death or bodily Injury of any person re- 

 sults from the violation of this section, shall be fined 

 not more than $10,000 or imprisoned not more than 

 ten years, or both. (June 25, 1948, ch. 645, 62 Stat. 

 739; Sept. 6, 1960, Pub. L. 86-710, 74 Stat. 810.) 

 Amendments 

 1960— Pub. L. 8»-710 substituted provisions for marking 

 packages containing explosives and other dangerous ar- 

 ticles for provisions relating to transportation of 

 nitroglycerin. 



§834. Regulations by Interstate Commerce Commis- 

 sion. 



(a) The Interstate Commerce Commission shall 

 formulate regulations for the safe transportation 

 within the United States of explosives and other 

 dangerous articles, including radioactive materials, 

 etlologic agents, flammable liquids, flammable solids, 

 oxidizing materials, corrosive liquids, compressed 

 gases, and poisonous substances, which shall be bind- 

 ing upon all carriers engaged in interstate or foreign 

 commerce which transport explosives or other dan- 

 gerous articles by land, and upon all shippers making 

 shipments of explosives or other dangerous articles 

 via any carrier engaged in interstate or foreign com- 

 merce by land or water. 



(b) The Commission, of its own motion, or upon 

 application made by any interested party, may make 

 changes or modifications in such regulations, made 

 desirable by new information or altered conditions. 

 Before adopting any regulations relating to radio- 

 active materials the Interstate Commerce Commis- 

 sion shall advise and consult with the Atomic Energy 

 Commission. 



(c) Such regulations shall be In accord with the 

 best-known practicable means for securing safety 

 in transit, covering the packing, marking, loading, 

 handling while in transit, and the precautions neces- 

 sary to determine whether the material when offered 

 is in proper condition to transport. 



(d) Such regulations, as well as all changes or 

 modifications thereof, shall, unless a shorter time is 

 specified by the Commission, take effect ninety days 

 after their formulation and publication by the Com- 

 mission and shall be in effect until reversed, set aside, 

 or modified. 



(e) In the execution of sections 831 — 835, inclusive, 

 of this chapter the Commission may utilize the serv- 

 ices of carrier and shipper associations, including 

 the Bureau for the Safe Transportation of Explosives 

 and other Dangerous Articles, and may avail itself 

 of the advice and assistance of any department, 

 commission, or board of the Federal Government, 

 and of State and local governments, but no o£Bcial 



or employee of the United States shall receive any 

 additional compensation for such service except as 

 now permitted by law. 



(f ) Whoever knowingly violates any such regula- 

 tion shall be fined not more than $1,000 or im- 

 prisoned not more than one year, or both; and. If 

 the death or bodily injury of any person results from 

 such violation, shall be fined not more than $10,000 

 or imprisoned not more than ten years, or both. 

 (June 25, 1948, ch. 645, 62 Stat. 739; Sept. 6. 1960, 

 Pub. L. 86-710, 74 Stat. 810.) 



Amendments 

 1960— Pub. L. 8&-710 substituted provisions relating 

 to regulations by the Interstate Commerce Commission 

 for provisions relating to marking packages containing 

 explosives. 



S 835. .Administration. 



(a) The Interstate Commerce Commission is au- 

 thorized and directed to administer, execute, and 

 enforce all provisions of sections 831 — 835, inclusive, 

 of this chapter, to make all necessary orders in con- 

 nection therewith, and to prescribe rules, regulations, 

 and procedure for such administration, and to em- 

 ploy such ofiQcers and employees as may be necessary 

 to carry out these functions. 



(b) The Commission Is authorized to make such 

 studies and conduct such investigations, obtain such 

 Information, and hold such hearings as it may deem 

 necessary or proper to assist it in exercising any au- 

 thority provided in sections 831 — 835, inclusive, of 

 this chapter. For such purposes the Commission is 

 authorized to administer oaths and afSrmations, and 

 by subpena to require any person to appear and tes- 

 tify, or to appear and produce documents, or both, at 

 any designated place. Witnesses subpenaed under 

 this subsection shall be paid the same fees and 

 mileage as are paid witnesses in the district courts of 

 the United States. 



(c) In administering and enforcing the pro- 

 visions of sections 831 — 835, inclusive, of this chapter 

 and the regulations prescribed thereunder the 

 Commission shall have and exercise all the powers 

 conferred upon it by the Interstate Commerce Act, 

 Including procedural and investigative powers and 

 the power to examine and inspect records and 

 properties of carriers engaged in transporting 

 explosives and other dangerous articles in Interstate 

 or foreign commerce and the records and properties 

 of shippers to the extent that such records and 

 properties pertain to the packing and shipping of 

 explosives and other dangerous articles and the 

 nature of such commodities. (June 25, 1948, ch. 645, 

 62 Stat. 739; Sept. 6, 1960, Pub. L. 86-710. 74 Stat. 

 811; Oct. 15, 1970, Pub. L. 91-452, Utle n, ! 222. 84 

 Stat. 929.) 



AMENDMENTS 



1970__Subsec. (b). Pub L 91-452 struck out the pro- 

 visions relating to the claiming of the privilege ag&lDBt 

 self-incrimination by witnesses subpenaed before the 

 Oommission to testily or produce documents, and the ap- 

 plicability of the Immunity provisions of the Compulsory 

 Testimony Act, section 46 of Title 49. to such witnesses. 



I960 — Pub. L. 86-710 substituted provisions relating to 

 administration for provisions relating to regulations by 

 the Interstate Commerce Commission. 



