The purposes of this part are to—
(1) establish a nondiscriminatory regulatory process for the common carriage of goods by water in the foreign commerce of the United States with a minimum of government intervention and regulatory costs;
(2) provide an efficient and economic transportation system in the ocean commerce of the United States that is, insofar as possible, in harmony with, and responsive to, international shipping practices;
(3) encourage the development of an economically sound and efficient liner fleet of vessels of the United States capable of meeting national security needs; and
(4) promote the growth and development of United States exports through competitive and efficient ocean transportation and by placing a greater reliance on the marketplace.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1523.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
40101 | 46 App.:1701. | Pub. L. 98–237, §2, Mar. 20, 1984, 98 Stat. 67; Pub. L. 105–258, title I, §101, Oct. 14, 1998, 112 Stat. 1902. |
Pub. L. 98–237, §20(d), Mar. 20, 1984, 98 Stat. 90; Pub. L. 105–258, title I, §117(1), Oct. 14, 1998, 112 Stat. 1914, provided that: “All agreements, contracts, modifications, licenses, and exemptions previously issued, approved, or effective under the Shipping Act, 1916 [former 46 U.S.C. App. 801 et seq., see Disposition Table preceding section 101 of this title], or the Shipping Act of 1984 [former 46 U.S.C. App. 1701 et seq., see Disposition Table preceding section 101 of this title], shall continue in force and effect as if issued or effective under this Act, as amended by the Ocean Shipping Reform Act of 1998 [Pub. L. 105–258, Oct. 14, 1998, 112 Stat. 1902], and all new agreements, contracts, and modifications to existing, pending, or new contracts or agreements shall be considered under this Act, as amended by the Ocean Shipping Reform Act of 1998.”
In this part:
(1)
(A) means a written or oral understanding, arrangement, or association, and any modification or cancellation thereof; but
(B) does not include a maritime labor agreement.
(2)
(A) the Sherman Act (15 U.S.C. 1 et seq.);
(B) sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8, 9);
(C) the Clayton Act (15 U.S.C. 12 et seq.);
(D) the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a);
(E) the Federal Trade Commission Act (15 U.S.C. 41 et seq.);
(F) the Antitrust Civil Process Act (15 U.S.C. 1311 et seq.); and
(G) Acts supplementary to those Acts.
(3)
(4)
(5)
(A) a cargo-carrying capability consisting of individual cargo tanks for bulk chemicals that—
(i) are a permanent part of the vessel; and
(ii) have segregation capability with piping systems to permit simultaneous carriage of several bulk chemical cargoes with minimum risk of cross-contamination; and
(B) a valid certificate of fitness under the International Maritime Organization Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk.
(6)
(A) means a person that—
(i) holds itself out to the general public to provide transportation by water of passengers or cargo between the United States and a foreign country for compensation;
(ii) assumes responsibility for the transportation from the port or point of receipt to the port or point of destination; and
(iii) uses, for all or part of that transportation, a vessel operating on the high seas or the Great Lakes between a port in the United States and a port in a foreign country; but
(B) does not include a carrier engaged in ocean transportation by ferry boat, ocean tramp, or chemical parcel-tanker, or by vessel when primarily engaged in the carriage of perishable agricultural commodities—
(i) if the carrier and the owner of those commodities are wholly-owned, directly or indirectly, by a person primarily engaged in the marketing and distribution of those commodities; and
(ii) only with respect to the carriage of those commodities.
(7)
(A) means an association of ocean common carriers permitted, pursuant to an approved or effective agreement, to engage in concerted activity and to use a common tariff; but
(B) does not include a joint service, consortium, pooling, sailing, or transshipment agreement.
(8)
(A) a majority of the interest in the carrier is owned or controlled in any manner by that government, an agency of that government, or a public or private person controlled by that government; or
(B) that government has the right to appoint or disapprove the appointment of a majority of the directors, the chief operating officer, or the chief executive officer of the carrier.
(9)
(A) consideration for the shipper giving all or any portion of its shipments to that or any other common carrier over a fixed period of time;
(B) deferred beyond the completion of the service for which it was paid; and
(C) made only if the shipper has agreed to make a further shipment with that or any other common carrier.
(10)
(11)
(12)
(13)
(A) a shipper to obtain lower rates by committing all or a fixed portion of its cargo to that carrier or agreement; and
(B) a deferred rebate arrangement.
(14)
(15)
(A) means—
(i) a collective bargaining agreement between an employer subject to this part, or a group of such employers, and a labor organization representing employees in the maritime or stevedoring industry;
(ii) an agreement preparatory to such a collective bargaining agreement among members of a multi-employer bargaining group; or
(iii) an agreement specifically implementing provisions of such a collective bargaining agreement or providing for the formation, financing, or administration of a multi-employer bargaining group; but
(B) does not include an assessment agreement.
(16)
(A) does not operate the vessels by which the ocean transportation is provided; and
(B) is a shipper in its relationship with an ocean common carrier.
(17)
(18)
(A) in the United States, dispatches shipments from the United States via a common carrier and books or otherwise arranges space for those shipments on behalf of shippers; and
(B) processes the documentation or performs related activities incident to those shipments.
(19)
(20)
(A) the shipper or shippers commit to providing a certain volume or portion of cargo over a fixed time period; and
(B) the ocean common carrier or the agreement commits to a certain rate or rate schedule and a defined service level, such as assured space, transit time, port rotation, or similar service features.
(21)
(22)
(A) a cargo owner;
(B) the person for whose account the ocean transportation of cargo is provided;
(C) the person to whom delivery is to be made;
(D) a shippers’ association; or
(E) a non-vessel-operating common carrier that accepts responsibility for payment of all charges applicable under the tariff or service contract.
(23)
(24)
(25)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1523.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
40102(1) | 46 App.:1702(1). | Pub. L. 98–237, §3, Mar. 20, 1984, 98 Stat. 67; Pub. L. 99–307, §11, May 19, 1986, 100 Stat. 447; Pub. L. 105–258, title I, §102, Oct. 14, 1998, 112 Stat. 1902; Pub. L. 105–383, title IV, §424(d), Nov. 13, 1998, 112 Stat. 3441. |
40102(2) | 46 App.:1702(2). | |
40102(3) | 46 App.:1702(3). | |
40102(4) | 46 App.:1702(4). | |
40102(5) | 46 App.:1702(6) (last sentence). | |
40102(6) | 46 App.:1702(6) (1st sentence). | |
40102(7) | 46 App.:1702(7). | |
40102(8) | 46 App.:1702(8). | |
40102(9) | 46 App.:1702(9). | |
40102(10) | 46 App.:1702(10). | |
40102(11) | 46 App.:1702(11). | |
40102(12) | 46 App.:1702(12). | |
40102(13) | 46 App.:1702(13). | |
40102(14) | 46 App.:1702(14). | |
40102(15) | 46 App.:1702(15). | |
40102(16) | 46 App.:1702(17)(B). | |
40102(17) | 46 App.:1702(16). | |
40102(18) | 46 App.:1702(17)(A). | |
40102(19) | 46 App.:1702(17) (1st sentence). | |
40102(20) | 46 App.:1702(19). | |
40102(21) | 46 App.:1702(20). | |
40102(22) | 46 App.:1702(21). | |
40102(23) | 46 App.:1702(22). | |
40102(24) | 46 App.:1702(23). | |
40102(25) | 46 App.:1702(24). |
In the definition of “service contract”, the words “The contract may also specify provisions in the event of nonperformance on the part of any party” are omitted as unnecessary and inappropriate for a definition.
In the definition of “shipper”, the words “non-vessel-operating common carrier” are substituted for “ocean transportation intermediary, as defined in paragraph (17)(B) of this section” because paragraph (17)(B) contains a definition of “non-vessel-operating common carrier” which is restated as a separate definition.
The definition of “Commission” is omitted because the full name of the Federal Maritime Commission is used the first time the Commission is referred to in each section. The definition of “person” is omitted as unnecessary because of 1 U.S.C. 1. The definition of “United States” is omitted because the term is defined in chapter 1 of the revised title for purposes of the title.
The Sherman Act, referred to in par. (2)(A), is act July 2, 1890, ch. 647, 26 Stat. 209, which is classified to sections 1 to 7 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1 of Title 15 and Tables.
The Clayton Act, referred to in par. (2)(C), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of Title 15, Commerce and Trade, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of Title 15 and Tables.
Act of June 19, 1936, referred to in par. (2)(D), is act June 19, 1936, ch. 592, 49 Stat. 1526, popularly known as the Robinson-Patman Act, the Robinson-Patman Antidiscrimination Act, and the Robinson-Patman Price Discrimination Act, which enacted sections 13a, 13b, and 21a of Title 15, Commerce and Trade, and amended section 13 of Title 15. For complete classification of this Act to the Code, see Short Title note set out under section 13 of Title 15 and Tables.
The Federal Trade Commission Act, referred to in par. (2)(E), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§41 et seq.) of chapter 2 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables.
The Antitrust Civil Process Act, referred to in par. (2)(F), is Pub. L. 87–664, Sept. 19, 1962, 76 Stat. 548, which is classified generally to chapter 34 (§1311 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1311 of Title 15 and Tables.
(a)
(b)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1527.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
40103 | 46 App.:1715. | Pub. L. 98–237, §16, Mar. 20, 1984, 98 Stat. 84; Pub. L. 105–258, title I, §114, Oct. 14, 1998, 112 Stat. 1912. |
(a)
(b)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1527.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
40104 | 46 App.:1714. | Pub. L. 98–237, §15, Mar. 20, 1984, 98 Stat. 84; Pub. L. 98–595, §3(b)(3), Oct. 30, 1984, 98 Stat. 3133; Pub. L. 105–258, title I, §113, Oct. 14, 1998, 112 Stat. 1912. |
(a)
(1) discuss, fix, or regulate transportation rates, including through rates, cargo space accommodations, and other conditions of service;
(2) pool or apportion traffic, revenues, earnings, or losses;
(3) allot ports or regulate the number and character of voyages between ports;
(4) regulate the volume or character of cargo or passenger traffic to be carried;
(5) engage in an exclusive, preferential, or cooperative working arrangement between themselves or with a marine terminal operator;
(6) control, regulate, or prevent competition in international ocean transportation; or
(7) discuss and agree on any matter related to a service contract.
(b)
(1) discuss, fix, or regulate rates or other conditions of service; or
(2) engage in exclusive, preferential, or cooperative working arrangements, to the extent the agreement involves ocean transportation in the foreign commerce of the United States.
(c)
(d)
(e)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1528.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
40301(a) | 46 App.:1703(a). | Pub. L. 98–237, §4, Mar. 20, 1984, 98 Stat. 70; Pub. L. 105–258, title I, §103, Oct. 14, 1998, 112 Stat. 1904. |
40301(b) | 46 App.:1703(b). | |
40301(c) | 46 App.:1703(c). | |
40301(d) | 46 App.:1704(f). | Pub. L. 98–237, §5(e) (last sentence), (f), Mar. 20, 1984, 98 Stat. 70; Pub. L. 104–88, title III, §335(c)(2), Dec. 29, 1995, 109 Stat. 954; Pub. L. 105–258, title I, §104(a)(2), (b), Oct. 14, 1998, 112 Stat. 1904, 1905. |
40301(e) | 46 App.:1704(e) (last sentence). |
(a)
(b)
(1) an agreement related to transportation to be performed within or between foreign countries; or
(2) an agreement among common carriers to establish, operate, or maintain a marine terminal in the United States.
(c)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1528.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
40302 | 46 App.:1704(a). | Pub. L. 98–237, §5(a), Mar. 20, 1984, 98 Stat. 70; Pub. L. 98–595, §3(b)(1), Oct. 30, 1984, 98 Stat. 3132. |
(a)
(1)
(A) prohibit or restrict a member of the agreement from engaging in negotiations for a service contract with a shipper;
(B) require a member of the agreement to disclose a negotiation on a service contract, or the terms of a service contract, other than those terms required to be published under section 40502(d) of this title; or
(C) adopt mandatory rules or requirements affecting the right of an agreement member to negotiate and enter into a service contract.
(2)
(b)
(1) state its purpose;
(2) provide reasonable and equal terms for admission and readmission to conference membership for any ocean common carrier willing to serve the particular trade or route;
(3) permit any member to withdraw from conference membership on reasonable notice without penalty;
(4) at the request of any member, require an independent neutral body to police fully the obligations of the conference and its members;
(5) prohibit the conference from engaging in conduct prohibited by section 41105(1) or (3) of this title;
(6) provide for a consultation process designed to promote—
(A) commercial resolution of disputes; and
(B) cooperation with shippers in preventing and eliminating malpractices;
(7) establish procedures for promptly and fairly considering requests and complaints of shippers; and
(8) provide that—
(A) any member of the conference may take independent action on a rate or service item on not more than 5 days’ notice to the conference; and
(B) except for an exempt commodity not published in the conference tariff, the conference will include the new rate or service item in its tariff for use by that member, effective no later than 5 days after receipt of the notice, and by any other member that notifies the conference that it elects to adopt the independent rate or service item on or after its effective date, in lieu of the existing conference tariff provision for that rate or service item.
(c)
(d)
(1)
(2)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1529.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
40303(a) | 46 App.:1704(c). | Pub. L. 98–237, §5(b)–(d), Mar. 20, 1984, 98 Stat. 70; Pub. L. 105–258, title I, §104(a), Oct. 14, 1998, 112 Stat. 1904. |
40303(b) | 46 App.:1704(b). | |
40303(c) | 46 App.:1704(d). | |
40303(d) | 46 App.:1704(g). | Pub. L. 98–237, §5(g), Mar. 20, 1984; as added Pub. L. 105–383, title IV, §424(a), Nov. 13, 1998, 112 Stat. 3440. |
In subsection (c)(8), the word “calendar” is omitted as unnecessary.
In subsection (d), the words “vessel of the United States” are substituted for “United States-flag vessel” (and similar variations) for consistency in the revised title.
(a)
(b)
(c)
(1) on the 45th day after filing, or on the 30th day after notice of the filing is published in the Federal Register, whichever is later; or
(2) if additional information or documents are requested under subsection (d)—
(A) on the 45th day after the Commission receives all the additional information and documents; or
(B) if the request is not fully complied with, on the 45th day after the Commission receives the information and documents submitted and a statement of the reasons for noncompliance with the request.
(d)
(e)
(1)
(2)
(f)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1530.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
40304(a) | 46 App.:1705(a). | Pub. L. 98–237, §6(a)–(f), Mar. 20, 1984, 98 Stat. 72. |
40304(b) | 46 App.:1705(b). | |
40304(c) | 46 App.:1705(c) (1st sentence). | |
40304(d) | 46 App.:1705(d). | |
40304(e)(1) | 46 App.:1705(e). | |
40304(e)(2) | 46 App.:1705(c) (last sentence). | |
40304(f) | 46 App.:1705(f). |
(a)
(b)
(c)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1531.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
40305 | 46 App.:1704(e) (less last sentence). | Pub. L. 98–237, §5(e) (less last sentence), Mar. 20, 1984, 98 Stat. 70; Pub. L. 105–258, title I, §104(a)(2), (b)(1), Oct. 14, 1998, 112 Stat. 1904, 1905. |
Information and documents (other than an agreement) filed with the Federal Maritime Commission under this chapter are exempt from disclosure under section 552 of title 5 and may not be made public except as may be relevant to an administrative or judicial proceeding. This section does not prevent disclosure to either House of Congress or to a duly authorized committee or subcommittee of Congress.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1531.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
40306 | 46 App.:1705(j). | Pub. L. 98–237, §6(j), Mar. 20, 1984, 98 Stat. 73. |
The words “judicial proceeding” are substituted for “judicial action or proceeding” to eliminate unnecessary words.
(a)
(1) an agreement (including an assessment agreement) that has been filed and is effective under this chapter;
(2) an agreement that is exempt under section 40103 of this title from any requirement of this part;
(3) an agreement or activity within the scope of this part, whether permitted under or prohibited by this part, undertaken or entered into with a reasonable basis to conclude that it is—
(A) pursuant to an agreement on file with the Federal Maritime Commission and in effect when the activity takes place; or
(B) exempt under section 40103 of this title from any filing or publication requirement of this part;
(4) an agreement or activity relating to transportation services within or between foreign countries, whether or not via the United States, unless the agreement or activity has a direct, substantial, and reasonably foreseeable effect on the commerce of the United States;
(5) an agreement or activity relating to the foreign inland segment of through transportation that is part of transportation provided in a United States import or export trade;
(6) an agreement or activity to provide wharfage, dock, warehouse, or other terminal facilities outside the United States; or
(7) an agreement, modification, or cancellation approved before June 18, 1984, by the Commission under section 15 of the Shipping Act, 1916, or permitted under section 14b of that Act, and any properly published tariff, rate, fare, or charge, or classification, rule, or regulation explanatory thereof implementing that agreement, modification, or cancellation.
(b)
(1) an agreement with or among air carriers, rail carriers, motor carriers, or common carriers by water not subject to this part relating to transportation within the United States;
(2) a discussion or agreement among common carriers subject to this part relating to the inland divisions (as opposed to the inland portions) of through rates within the United States;
(3) an agreement among common carriers subject to this part to establish, operate, or maintain a marine terminal in the United States; or
(4) a loyalty contract.
(c)
(d)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1531.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
40307 | 46 App.:1706. | Pub. L. 98–237, §7, Mar. 20, 1984, 98 Stat. 73; Pub. L. 105–258, title I, §105, Oct. 14, 1998, 112 Stat. 1905. |
Subsection (a)(1) is substituted for “any agreement that has been filed under section 1704 of this Appendix and is effective under section 1704(d) [redesignated as (e)] or section 1705 of this Appendix” for clarity and to eliminate unnecessary words.
Subsection (a)(2) is substituted for “any agreement that . . . is exempt under section 1715 of this Appendix from any requirement of this chapter” in 46 App. U.S.C. 1706(a)(1) for clarity.
In subsection (a)(7), the words “subject to section 1719(e)(2) of this Appendix” are omitted as obsolete.
Section 15 of the Shipping Act, 1916, referred to in subsec. (a)(7), which was classified to section 814 of the former Appendix to this title, was repealed by Pub. L. 104–88, title III, §335(b)(3), Dec. 29, 1996, 109 Stat. 954.
Section 14b of the Shipping Act, 1916, referred to in subsec. (a)(7), which was classified to section 813a of former Title 46, Shipping, was repealed by Pub. L. 98–237, §20(a), Mar. 20, 1984, 98 Stat. 88.
(a)
(1)
(2)
(b)
(1) state the places between which cargo will be carried;
(2) list each classification of cargo in use;
(3) state the level of compensation, if any, of any ocean freight forwarder by a carrier or conference;
(4) state separately each terminal or other charge, privilege, or facility under the control of the carrier or conference and any rules that in any way change, affect, or determine any part or the total of the rates or charges;
(5) include sample copies of any bill of lading, contract of affreightment, or other document evidencing the transportation agreement; and
(6) include copies of any loyalty contract, omitting the shipper's name.
(c)
(d)
(e)
(1)
(2)
(f)
(g)
(1)
(2)
(3)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1532.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
40501(a) | 46 App.:1707(a)(1) (1st, 2d sentences). | Pub. L. 98–237, §8(a), (b), (d), (f), (g), Mar. 20, 1984, 98 Stat. 74; Pub. L. 105–258, title I, §106(a), (c), (e), (f), Oct. 14, 1998, 112 Stat. 1905, 1907. |
40501(b) | 46 App.:1707(a)(1) (last sentence). | |
40501(c) | 46 App.:1707(a)(2). | |
40501(d) | 46 App.:1707(b). | |
40501(e) | 46 App.:1707(d). | |
40501(f) | 46 App.:1707(f). | |
40501(g) | 46 App.:1707(g). |
In subsection (b)(3), the words “ocean freight forwarder” are substituted for “ocean transportation intermediary, as defined in section 1702(17)(A) of this Appendix” because the definition of “ocean transportation intermediary” in section 1702(17)(A) contains a definition of “ocean freight forwarder” which is restated as a separate definition.
In subsection (e), the word “calendar” is omitted as unnecessary.
In subsection (f)(1), the words “subject to section 1709(d) of this Appendix” are omitted as unnecessary.
(a)
(b)
(1)
(2)
(c)
(1) the origin and destination port ranges;
(2) the origin and destination geographic areas in the case of through intermodal movements;
(3) the commodities involved;
(4) the minimum volume or portion;
(5) the line-haul rate;
(6) the duration;
(7) service commitments; and
(8) the liquidated damages for nonperformance, if any.
(d)
(e)
(1)
(2)
(A) The movement of the shipper's cargo on a dock area or within the port area or to or from railroad cars on a dock area or within the port area.
(B) The assignment of intraport carriage of the shipper's cargo between areas on a dock or within the port area.
(C) The assignment of the carriage of the shipper's cargo between a container yard on a dock area or within the port area and a rail yard adjacent to the container yard.
(D) The assignment of container freight station work and container maintenance and repair work performed at a dock area or within the port area.
(3)
(4)
(5)
(f)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1533.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
40502(a) | 46 App.:1707(c)(1) (1st sentence). | Pub. L. 98–237, §8(c), Mar. 20, 1984, 98 Stat. 75; restated Pub. L. 105–258, title I, §106(b), Oct. 14, 1998, 112 Stat. 1905. |
40502(b) | 46 App.:1707(c)(2) (1st sentence). | |
40502(c) | 46 App.:1707(c)(2) (last sentence). | |
40502(d) | 46 App.:1707(c)(3). | |
40502(e) | 46 App.:1707(c)(4). | |
40502(f) | 46 App.:1707(c)(1) (2d, last sentences). |
In subsection (e)(5), the words “the National Labor Relations Act [29 U.S.C. 151 et seq.], the Taft-Hartley Act [29 U.S.C. 141 et seq.], the Federal Trade Commission Act [15 U.S.C. 41 et seq.], the antitrust laws” are omitted as unnecessary because of the reference to “any other Federal or State law”.
The National Labor Relations Act, referred to in subsec. (e)(4), is act July 5, 1935, ch. 372, 49 Stat. 449, which is classified generally to subchapter II (§151 et seq.) of chapter 7 of Title 29, Labor. For complete classification of this Act to the Code, see section 167 of Title 29 and Tables.
The Federal Maritime Commission, on application of a carrier or shipper, may permit a common carrier or conference to refund a portion of the freight charges collected from a shipper, or to waive collection of a portion of the charges from a shipper, if—
(1) there is an error in a tariff, a failure to publish a new tariff, or an error in quoting a tariff, and the refund or waiver will not result in discrimination among shippers, ports, or carriers;
(2) the common carrier or conference, before filing an application for authority to refund or waive any charges for an error in a tariff or a failure to publish a tariff, has published a new tariff setting forth the rate on which the refund or waiver would be based; and
(3) the application for the refund or waiver is filed with the Commission within 180 days from the date of shipment.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1535.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
40503 | 46 App.:1707(e). | Pub. L. 98–237, §8(e), Mar. 20, 1984, 98 Stat. 75; Pub. L. 105–258, title I, §106(d), Oct. 14, 1998, 112 Stat. 1907. |
In paragraph (1), the words “an error in a tariff, a failure to publish a new tariff” are substituted for “an error in a, in failing to publish a new tariff” to correct an obvious error in the underlying statute.
In paragraph (2), the words “or waive” are added for consistency with the reference to a waiver later in the paragraph.
(a)
(1) maintain a rate or charge in a tariff or service contract, or charge or assess a rate, that is below a just and reasonable level; or
(2) establish, maintain, or enforce in a tariff or service contract a classification, rule, or regulation that results, or is likely to result, in the carriage or handling of cargo at a rate or charge that is below a just and reasonable level.
(b)
(c)
(d)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1535.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
40701 | 46 App.:1708(a). | Pub. L. 98–237, §9(a), Mar. 20, 1984, 98 Stat. 76; Pub. L. 102–100, §5(a), Aug. 17, 1991, 105 Stat. 492; Pub. L. 105–258, title I, §108(1)–(4), Oct. 14, 1998, 112 Stat. 1908. |
(a)
(b)
(1) shall take into account whether the rate or charge that has been published or assessed, or that would result from the pertinent classification, rule, or regulation, is below a level that is fully compensatory to the controlled carrier based on the carrier's actual costs or constructive costs; and
(2) may take into account other appropriate factors, including whether the rate, charge, classification, rule, or regulation is—
(A) the same as, or similar to, those published or assessed by other carriers in the same trade;
(B) required to ensure movement of particular cargo in the same trade; or
(C) required to maintain acceptable continuity, level, or quality of common carrier service to or from affected ports.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1536.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
40702 | 46 App.:1708(b). | Pub. L. 98–237, §9(b), Mar. 20, 1984, 98 Stat. 76; Pub. L. 105–258, title I, §108(5)–(7), Oct. 14, 1998, 112 Stat. 1908. |
Notwithstanding section 40501(e) of this title and except for service contracts, a rate, charge, classification, rule, or regulation of a controlled carrier may not become effective, without special permission of the Federal Maritime Commission, until the 30th day after publication.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1536.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
40703 | 46 App.:1708(c) (1st sentence). | Pub. L. 98–237, §9(c) (1st sentence), Mar. 20, 1984, 98 Stat. 76; Pub. L. 102–100, §5(b), Aug. 17, 1991, 105 Stat. 492; Pub. L. 105–258, title I, §108(8), Oct. 14, 1998, 112 Stat. 1908. |
(a)
(b)
(c)
(d)
(1)
(2)
(3)
(e)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1536.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
40704 | 46 App.:1708(c) (last sentence), (d). | Pub. L. 98–237, §9(c) (last sentence), (d), Mar. 20, 1984, 98 Stat. 76; Pub. L. 105–258, title I, §108(9)–(15), Oct. 14, 1998, 112 Stat. 1908. |
In subsection (d)(1), the words “in a proceeding under subsection (c)” are substituted for “in such a proceeding” for clarity.
(a)
(b)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1537.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
40705 | 46 App.:1708(e). | Pub. L. 98–237, §9(e), Mar. 20, 1984, 98 Stat. 77; Pub. L. 105–258, title I, §108(16), Oct. 14, 1998, 112 Stat. 1909. |
In subsection (b), the words “Notwithstanding any other law” are omitted as unnecessary.
This chapter does not apply to—
(1) a controlled carrier of a foreign country whose vessels are entitled by a treaty of the United States to receive national or most-favored-nation treatment; or
(2) a trade served only by controlled carriers.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1537.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
40706 | 46 App.:1708(f). | Pub. L. 98–237, §9(f), Mar. 20, 1984, 98 Stat. 77; Pub. L. 105–258, title I, §108(17)–(19), Oct. 14, 1998, 112 Stat. 1909. |
In paragraph (1), the words “foreign country” are substituted for “state” for clarity and consistency.
(a)
(b)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1538.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
40901(a) | 46 App.:1718(a). | Pub. L. 98–237, §19(a), (d), Mar. 20, 1984, 98 Stat. 87, 88; Pub. L. 105–258, title I, §116, Oct. 14, 1998, 112 Stat. 1912. |
40901(b) | 46 App.:1718(d). |
(a)
(1) in a form and amount determined by the Federal Maritime Commission to insure financial responsibility; and
(2) issued by a surety company found acceptable by the Secretary of the Treasury.
(b)
(1) shall be available to pay any penalty assessed under section 41109 of this title or any order for reparation issued under section 41305 of this title;
(2) may be available to pay any claim against an ocean transportation intermediary arising from its transportation-related activities—
(A) with the consent of the insured ocean transportation intermediary and subject to review by the surety company; or
(B) when the claim is deemed valid by the surety company after the ocean transportation intermediary has failed to respond to adequate notice to address the validity of the claim; and
(3) shall be available to pay any judgment for damages against an ocean transportation intermediary arising from its transportation-related activities, if the claimant has first attempted to resolve the claim under paragraph (2) and the claim has not been resolved within a reasonable period of time.
(c)
(d)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1538.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
40902 | 46 App.:1718(b). | Pub. L. 98–237, §19(b), Mar. 20, 1984; added Pub. L. 105–258, title I, §116(4), Oct. 14, 1998, 112 Stat. 1913. |
In subsection (b), in paragraphs (2) and (3), the words “described in section 1702(17) of this Appendix” are omitted as unnecessary.
(a)
(1) is not qualified to provide intermediary services; or
(2) willfully failed to comply with a provision of this part or with an order or regulation of the Commission.
(b)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1539.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
40903 | 46 App.:1718(c). | Pub. L. 98–237, §19(c), Mar. 20, 1984, 98 Stat. 88; Pub. L. 105–258, title I, §116, Oct. 14, 1998, 112 Stat. 1912. |
In subsection (a)(2), the words “lawful” and “rule” are omitted as unnecessary.
(a)
(1) engaged, booked, secured, reserved, or contracted directly with the carrier or its agent for space aboard a vessel or confirmed the availability of the space; and
(2) prepared and processed the ocean bill of lading, dock receipt, or other similar document for the shipment.
(b)
(c)
(d)
(1) deny a member of the conference or group the right, upon notice of not more than 5 days, to take independent action on any level of compensation paid to an ocean freight forwarder; or
(2) agree to limit the payment of compensation to an ocean freight forwarder to less than 1.25 percent of the aggregate of all rates and charges applicable under a tariff and assessed against the cargo on which the services of the ocean freight forwarder are provided.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1539.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
40904 | 46 App.:1718(e). | Pub. L. 98–237, §19(e), Mar. 20, 1984, 98 Stat. 88; Pub. L. 105–258, title I, §116, Oct. 14, 1998, 112 Stat. 1912. |
In this section, the words “ocean freight forwarder” are substituted for “ocean transportation intermediary, as defined in section 1702(17)(A) of this Appendix” and “ocean transportation intermediary” because the definition of “ocean transportation intermediary” in section 1702(17)(A) contains a definition of “ocean freight forwarder” which is restated as a separate definition.
In subsection (d)(1), the word “calendar” is omitted as unnecessary.
In this chapter, a joint venture or consortium of two or more common carriers operating as a single entity is deemed to be a single common carrier.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1540.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
41101 | 46 App.:1709(e). | Pub. L. 98–237, §10(e), Mar. 20, 1984, 98 Stat. 80. |
(a)
(b)
(1) the agreement has not become effective under section 40304 of this title or has been rejected, disapproved, or canceled; or
(2) the operation is not in accordance with the terms of the agreement or any modifications to the agreement made by the Federal Maritime Commission.
(c)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1540.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
41102(a) | 46 App.:1709(a)(1). | Pub. L. 98–237, §10(a), Mar. 20, 1984, 98 Stat. 77. |
41102(b) | 46 App.:1709(a)(2), (3). | |
41102(c) | 46 App.:1709(d)(1). | Pub. L. 98–237, §10(d)(1), Mar. 20, 1984, 98 Stat. 77; Pub. L. 105–258, title I, §109(c)(2), Oct. 14, 1998, 112 Stat. 1909. |
(a)
(1) may be used to the detriment or prejudice of the shipper, the consignee, or any common carrier; or
(2) may improperly disclose its business transaction to a competitor.
(b)
(1) in response to legal process;
(2) to the Federal Maritime Commission or an agency of the United States Government; or
(3) to an independent neutral body operating within the scope of its authority to fulfill the policing obligations of the parties to an agreement effective under this part.
(c)
(1) may give information to the conference or any person or agency designated by the conference, for the purpose of—
(A) determining whether a shipper or consignee has breached an agreement with the conference or its member lines;
(B) determining whether a member of the conference has breached the conference agreement; or
(C) compiling statistics of cargo movement; and
(2) may not prevent the conference or its designee from soliciting or receiving information for any of those purposes.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1540.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
41103(a) | 46 App.:1709(b)(13), (d)(3) (related to (b)(13)), (5). | Pub. L. 98–237, §10(b)(13), (words after cl. (13)), (d)(3) (related to (b)(13)), (5), Mar. 20, 1984, 98 Stat. 79, 80; Pub. L. 101–595, title VII, §710(c)(1), (2), Nov. 16, 1990, 104 Stat. 2997; Pub. L. 105–258, title I, §109(a)(10), (11), (16), (17), (c)(3), Oct. 14, 1998, 112 Stat. 1910, 1911. |
41103(b) | 46 App.:1709(b) (next-to-last sentence). | |
41103(c) | 46 App.:1709(b) (last sentence). |
In subsection (a), the words “marine terminal operator, or ocean freight forwarder” are added because of 46 App. U.S.C. 1709(d)(3) and (5). The words “ocean freight forwarder” are substituted for “ocean transportation intermediaries, as defined by section 1702(17)(A) of this Appendix” in 46 App. U.S.C. 1709(d)(5) because the definition of “ocean transportation intermediary” in section 1702(17)(A) contains a definition of “ocean freight forwarder” which is restated as a separate definition.
In subsection (b), the words “does not prevent” are substituted for “Nothing . . . shall be construed to prevent” to eliminate unnecessary words.
In subsection (c)(1), the words “may give information” are substituted for “Nor shall it be prohibited . . . to give information” to eliminate unnecessary words. The words “firm, corporation” are omitted as unnecessary because firms and corporations are persons.
In subsection (c)(2), the words “may not prevent” are substituted for “Nor shall it be prohibited . . . to prevent” to reflect the probable intent of Congress. The words “but the use of such information for any other purpose prohibited by this chapter or any other Act is prohibited” are omitted as unnecessary.
A common carrier, either alone or in conjunction with any other person, directly or indirectly, may not—
(1) allow a person to obtain transportation for property at less than the rates or charges established by the carrier in its tariff or service contract by means of false billing, false classification, false weighing, false measurement, or any other unjust or unfair device or means;
(2) provide service in the liner trade that is—
(A) not in accordance with the rates, charges, classifications, rules, and practices contained in a tariff published or a service contract entered into under chapter 405 of this title, unless excepted or exempted under section 40103 or 40501(a)(2) of this title; or
(B) under a tariff or service contract that has been suspended or prohibited by the Federal Maritime Commission under chapter 407 or 423 of this title;
(3) retaliate against a shipper by refusing, or threatening to refuse, cargo space accommodations when available, or resort to other unfair or unjustly discriminatory methods because the shipper has patronized another carrier, or has filed a complaint, or for any other reason;
(4) for service pursuant to a tariff, engage in any unfair or unjustly discriminatory practice in the matter of—
(A) rates or charges;
(B) cargo classifications;
(C) cargo space accommodations or other facilities, with due regard being given to the proper loading of the vessel and the available tonnage;
(D) loading and landing of freight; or
(E) adjustment and settlement of claims;
(5) for service pursuant to a service contract, engage in any unfair or unjustly discriminatory practice in the matter of rates or charges with respect to any port;
(6) use a vessel in a particular trade for the purpose of excluding, preventing, or reducing competition by driving another ocean common carrier out of that trade;
(7) offer or pay any deferred rebates;
(8) for service pursuant to a tariff, give any undue or unreasonable preference or advantage or impose any undue or unreasonable prejudice or disadvantage;
(9) for service pursuant to a service contract, give any undue or unreasonable preference or advantage or impose any undue or unreasonable prejudice or disadvantage with respect to any port;
(10) unreasonably refuse to deal or negotiate;
(11) knowingly and willfully accept cargo from or transport cargo for the account of an ocean transportation intermediary that does not have a tariff as required by section 40501 of this title and a bond, insurance, or other surety as required by section 40902 of this title; or
(12) knowingly and willfully enter into a service contract with an ocean transportation intermediary that does not have a tariff as required by section 40501 of this title and a bond, insurance, or other surety as required by section 40902 of this title, or with an affiliate of such an ocean transportation intermediary.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1541.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
41104 | 46 App.:1709(b) (1)–(12). | Pub. L. 98–237, §10(b)(1)–(12), Mar. 20, 1984, 98 Stat. 77; Pub. L. 101–595, title VII, §710(c), Nov. 16, 1990, 104 Stat. 2997; Pub. L. 102–251, title II, §201(b), Mar. 9, 1992, 106 Stat. 60; Pub. L. 105–258, title I, §109(a), Oct. 14, 1998, 112 Stat. 1909; Pub. L. 105–383, title IV, §424(b), Nov. 13, 1998, 112 Stat. 3441. |
A conference or group of two or more common carriers may not—
(1) boycott or take any other concerted action resulting in an unreasonable refusal to deal;
(2) engage in conduct that unreasonably restricts the use of intermodal services or technological innovations;
(3) engage in any predatory practice designed to eliminate the participation, or deny the entry, in a particular trade of a common carrier not a member of the conference, a group of common carriers, an ocean tramp, or a bulk carrier;
(4) negotiate with a non-ocean carrier or group of non-ocean carriers (such as truck, rail, or air operators) on any matter relating to rates or services provided to ocean common carriers within the United States by those non-ocean carriers, unless the negotiations and any resulting agreements are not in violation of the antitrust laws and are consistent with the purposes of this part, except that this paragraph does not prohibit the setting and publishing of a joint through rate by a conference, joint venture, or association of ocean common carriers;
(5) deny in the export foreign commerce of the United States compensation to an ocean freight forwarder or limit that compensation to less than a reasonable amount;
(6) allocate shippers among specific carriers that are parties to the agreement or prohibit a carrier that is a party to the agreement from soliciting cargo from a particular shipper, except as—
(A) authorized by section 40303(d) of this title;
(B) required by the law of the United States or the importing or exporting country; or
(C) agreed to by a shipper in a service contract;
(7) for service pursuant to a service contract, engage in any unjustly discriminatory practice in the matter of rates or charges with respect to any locality, port, or person due to the person's status as a shippers’ association or ocean transportation intermediary; or
(8) for service pursuant to a service contract, give any undue or unreasonable preference or advantage or impose any undue or unreasonable prejudice or disadvantage with respect to any locality, port, or person due to the person's status as a shippers’ association or ocean transportation intermediary.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1542.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
41105 | 46 App.:1709(c). | Pub. L. 98–237, §10(c), Mar. 20, 1984, 98 Stat. 77; Pub. L. 105–258, title I, §109(b), Oct. 14, 1998, 112 Stat. 1910; Pub. L. 105–383, title IV, §424(b), Nov. 13, 1998, 112 Stat. 3441. |
In paragraph (5), the words “ocean freight forwarder” are substituted for “ocean transportation intermediary, as defined by section 1702(17)(A) of this Appendix” because the definition of “ocean transportation intermediary” in section 1702(17)(A) contains a definition of “ocean freight forwarder” which is restated as a separate definition.
A marine terminal operator may not—
(1) agree with another marine terminal operator or with a common carrier to boycott, or unreasonably discriminate in the provision of terminal services to, a common carrier or ocean tramp;
(2) give any undue or unreasonable preference or advantage or impose any undue or unreasonable prejudice or disadvantage with respect to any person; or
(3) unreasonably refuse to deal or negotiate.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1543.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
41106(1) | 46 App.:1709(d)(2). | Pub. L. 98–237, §10(d)(2), (3) (related to (b)(10)), (4), Mar. 20, 1984, 98 Stat. 77; Pub. L. 105–258, title I, §109(c), Oct. 14, 1998, 112 Stat. 1910. |
41106(2) | 46 App.:1709(d)(4). | |
41106(3) | 46 App.:1709(d)(3) (related to (b)(10)). |
(a)
(b)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1543.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
41107 | 46 App.:1712(a). | Pub. L. 98–237, §13(a), Mar. 20, 1984, 98 Stat. 82; Pub. L. 105–258, title I, §112(a), Oct. 14, 1998, 112 Stat. 1911. |
In subsection (b), the words “is subject to an action in rem to enforce the lien” are substituted for “may be libeled therefore” to modernize the language.
(a)
(b)
(c)
(1)
(A) suspend any or all tariffs of the carrier or the carrier's right to use any or all tariffs of conferences of which it is a member; and
(B) request the Secretary of Homeland Security to refuse or revoke any clearance required for a vessel operated by the carrier, and when so requested, the Secretary shall refuse or revoke the clearance.
(2)
(d)
(e)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1543.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
41108(a) | 46 App.:1712(b)(1). | Pub. L. 98–237, §13(b), Mar. 20, 1984, 98 Stat. 82; Pub. L. 105–258, title I, §112(b), Oct. 14, 1998, 112 Stat. 1911. |
41108(b) | 46 App.:1712(b)(3). | |
41108(c) | 46 App.:1712(b)(2), (4), (5). | |
41108(d) | 46 App.:1712(b)(6). | |
46 App.:1710a(h) (related to 1712(b)(6)). | Pub. L. 100–418, title X, §10002(h) (related to §13(b)(6)), Aug. 23, 1988, 102 Stat. 1572; Pub. L. 105–258, title I, §111(7), Oct. 14, 1998, 112 Stat. 1911. | |
41108(e) | 46 App.:1712(b)(7). |
In subsection (c)(1)(B), the words “Secretary of Homeland Security” are substituted for “Secretary of the Treasury” because the functions of the Secretary of the Treasury relating to the Customs Service were transferred to the Secretary of Homeland Security by section 403(1) of the Homeland Security Act of 2002 (Pub. L. 107–296, 116 Stat. 2178).
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1544.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
41109(a) | 46 App.:1712(c) (1st, last sentences). | Pub. L. 98–237, §13(c)–(f), Mar. 20, 1984, 98 Stat. 82; Pub. L. 105–258, title I, §112(c), Oct. 14, 1998, 112 Stat. 1912. |
41109(b) | 46 App.:1712(c) (2d sentence). | |
41109(c) | 46 App.:1712(f)(1) (1st sentence). | |
41109(d) | 46 App.:1712(f)(1) (last sentence). | |
41109(e) | 46 App.:1712(f)(2). | |
41109(f) | 46 App.:1712(d). | |
41109(g) | 46 App.:1712(e). |
(a)
(b)
(c)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1545.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
41301(a) | 46 App.:1710(a), (g) (related to time limit). | Pub. L. 98–237, §11(a), (b), (g) (related to time limit), Mar. 20, 1984, 98 Stat. 80; Pub. L. 98–595, §3(b)(2), Oct. 30, 1984, 98 Stat. 3132; Pub. L. 105–258, title I, §110, Oct. 14, 1998, 112 Stat. 1911. |
41301(b) | 46 App.:1710(b) (1st sentence). | |
41301(c) | 46 App.:1710(b) (last sentence). |
In subsection (a), the words “If the complaint is filed within 3 years after the claim accrues” are substituted for “For any complaint filed within 3 years after the cause of action accrued” in 46 App. U.S.C. 1710(g) to alert the reader to that time limitation.
(a)
(b)
(c)
(d)
(e)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1545.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
41302(a) | 46 App.:1710(c) (1st, 3d sentences). | Pub. L. 98–237, §11(c)–(f), Mar. 20, 1984, 98 Stat. 80. |
41302(b) | 46 App.:1710(c) (2d sentence). | |
41302(c) | 46 App.:1710(d). | |
41302(d) | 46 App.:1710(e). | |
41302(e) | 46 App.:1710(f). |
(a)
(1) the Federal Maritime Commission may subpoena witnesses and evidence; and
(2) a party may use depositions, written interrogatories, and discovery procedures under regulations prescribed by the Commission that, to the extent practicable, shall conform to the Federal Rules of Civil Procedure (28 App. U.S.C.).
(b)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1545.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
41303 | 46 App.:1711. | Pub. L. 98–237, §12, Mar. 20, 1984, 98 Stat. 81. |
In subsection (a)(1), the words “may subpoena witnesses and evidence” are substituted for “may by subpena compel the attendance of witnesses and the production of books, papers, documents, and other evidence” to eliminate unnecessary words.
In subsection (a)(2), the words “shall conform to the Federal Rules of Civil Procedure (28 App. U.S.C.)” are substituted for “shall be in conformity with the rules applicable in civil proceedings in the district courts of the United States” for clarity.
(a)
(b)
(c)
(d)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1546.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
41304(a) | 46 App.:1713(a) (1st sentence). | Pub. L. 98–237, §14(a), (b), Mar. 20, 1984, 98 Stat. 83. |
41304(b) | 46 App.:1713(b) (1st sentence 1st–12th words). | |
41304(c) | 46 App.:1713(b) (1st sentence 13th–last words, last sentence). | |
41304(d) | 46 App.:1713(a) (last sentence). |
In subsection (a), the words “upon sworn complaint or on its own motion” are omitted as unnecessary.
(a)
(b)
(c)
(d)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1546.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
41305 | 46 App.:1710(g) (less time limit). | Pub. L. 98–237, §11(g) (less time limit), Mar. 20, 1984, 98 Stat. 80; Pub. L. 98–595, §3(b)(2), Oct. 30, 1984, 98 Stat. 3132; Pub. L. 105–258, title I, §110, Oct. 14, 1998, 112 Stat. 1911. |
In subsection (b), the words “within the period specified in section 41301(a) of this title” are substituted for “within 3 years after the cause of action accrued” because the time limit is restated in section 41301(a) instead of in this section. The words “upon petition of the complainant” are omitted as unnecessary. The words “after notice and hearing” are omitted as unnecessary because of section 41304(a) of the revised title.
(a)
(b)
(1) the Commission has brought a civil action against the defendant under section 41307(a) of this title; or
(2) the defendant resides or transacts business, if the Commission has not brought such an action.
(c)
(d)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1546.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
41306 | 46 App.:1710(h)(2). | Pub. L. 98–237, §11(h)(2), Mar. 20, 1984, 98 Stat. 81. |
(a)
(b)
(1)
(2)
(A) a temporary restraining order or a preliminary injunction; and
(B) a permanent injunction after a showing that the agreement is likely to have the effect described in paragraph (1).
(3)
(c)
(1) may order compliance;
(2) shall extend the period specified in section 40304(c)(2) of this title until there has been substantial compliance; and
(3) may grant other equitable relief that the court decides is appropriate.
(d)
(1) a district court of the United States, on notice to the Attorney General; and
(2) a court of appeals of the United States, with the approval of the Attorney General.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1547.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
41307(a) | 46 App.:1710(h)(1). | Pub. L. 98–237, §11(c) (last sentence), (h)(1), Mar. 20, 1984, 98 Stat. 80, 81. |
41307(b)(1) | 46 App.:1705(g), (h) (1st sentence). | Pub. L. 98–237, §6(g)–(i), (k), Mar. 20, 1984, 98 Stat. 72, 73. |
46 App.:1710(c) (last sentence). | ||
41307(b)(2) | 46 App.:1705(h) (2d sentence). | |
41307(b)(3) | 46 App.:1705(h) (3d, last sentences). | |
41307(c) | 46 App.:1705(i). | |
41307(d) | 46 App.:1705(k). |
(a)
(b)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1548.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
41308(a) | 46 App.:1713(c). | Pub. L. 98–237, §14(c), (e), Mar. 20, 1984, 98 Stat. 83, 84. |
41308(b) | 46 App.:1713(e). |
In subsection (a), the words “subpoena or” are added in the second sentence for consistency in the subsection. The words “by an appropriate injunction or other process, mandatory or otherwise” are omitted as unnecessary. The words “regularly made and duly issued” are substituted for “properly made and duly issued” for consistency in the subtitle.
(a)
(b)
(c)
(d)
(e)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1548.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
41309(a) | 46 App.:1713(d)(1). | Pub. L. 98–237, §14(d), (e), Mar. 20, 1984, 98 Stat. 83, 84. |
41309(b) | 46 App.:1713(d)(3). | |
41309(c) | 46 App.:1713(d)(2) (1st sentence 1st–23d words). | |
41309(d) | 46 App.:1713(d)(2) (1st sentence 24th–last words, last sentence). | |
41309(e) | 46 App.:1713(e). |
(a)
(b)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1548.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
42101(a) | 46 App.:876(a)(2). | June 5, 1920, ch. 250, §19(a)(2), (e), 41 Stat. 995; Ex. Ord. No. 6166, §12, eff. June 10, 1933; June 29, 1936, ch. 858, title II, §204, title IX, §904, 49 Stat. 1987, 2016; Pub. L. 97–31, §12(46), Aug. 6, 1981, 95 Stat. 157; Pub. L. 101–595, title I, §103, Nov. 16, 1990, 104 Stat. 2979; Pub. L. 102–587, title VI, §6205(b), Nov. 4, 1992, 106 Stat. 5094; Pub. L. 105–258, title III, §301, Oct. 14, 1998, 112 Stat. 1915. |
46 App.:1710a(h) (related to 876(a)(2)). | Pub. L. 100–418, title X, §10002(h) (related to §19(b)(1)(b)), Aug. 23, 1988, 102 Stat. 1572; Pub. L. 105–258, title I, §111(7), Oct. 14, 1998, 112 Stat. 1911. | |
42101(b) | 46 App.:876(e). |
In subsection (a), the word “shall” is substituted for “is authorized and directed”, and the words “prescribe regulations” are substituted for “make rules and regulations”, for consistency in the revised title and to eliminate unnecessary words. The text of 46 App. U.S.C. 1710a(h), insofar as it relates to 46 App. U.S.C. 876(a)(2), is omitted as unnecessary because this chapter already provides for the same remedies as those authorized by the omitted provision.
In subsection (b), the words “on the petition of any person, including another component of the United States Government” are substituted for “pursuant to a petition. Any person, including a common carrier, tramp operator, bulk operator, shipper, shippers’ association, ocean transportation intermediary, marine terminal operator, or any component of the Government of the United States, may file a petition for relief under subsection (a)(2) of this section.” for consistency with section 42302(b) of the revised title and to eliminate unnecessary words.
(a)
(b)
(c)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1549.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
42102(a) | 46 App.:876(a)(3). | June 5, 1920, ch. 250, §19(a)(3), (b), (c), 41 Stat. 995; Ex. Ord. No. 6166, §12, eff. June 10, 1933; June 29, 1936, ch. 858, title II, §204, title IX, §904, 49 Stat. 1987, 2016; Pub. L. 97–31, §12(46), Aug. 6, 1981, 95 Stat. 157; Pub. L. 105–258, title III, §301, Oct. 14, 1998, 112 Stat. 1915. |
42102(b) | 46 App.:876(b). | |
42102(c) | 46 App.:876(c). |
In this section, the words “department, agency, or instrumentality” are substituted for “department, board, bureau, or agency” for consistency in the revised title. The words “the inspection of vessels” are substituted for “the steamboat inspection service” because the Steamboat Inspection Service has been abolished and its functions are now carried out by the Coast Guard.
In subsection (a), the word “shall” is substituted for “is authorized and directed” for consistency in the revised title and to eliminate unnecessary words.
A regulation may not give a vessel owned by the United States Government a preference over a vessel owned by citizens of the United States and documented under the laws of the United States.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1549.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
42103 | 46 App.:876(d). | June 5, 1920, ch. 250, §19(d), 41 Stat. 995; Ex. Ord. No. 6166, §12, eff. June 10, 1933; June 29, 1936, ch. 858, title II, §204, title IX, §904, 49 Stat. 1987, 2016; Pub. L. 105–258, title III, §301, Oct. 14, 1998, 112 Stat. 1915. |
(a)
(b)
(1) subpoena witnesses and evidence; and
(2) authorize a party to use depositions, written interrogatories, and discovery procedures that, to the extent practicable, conform to the Federal Rules of Civil Procedure (28 App. U.S.C.).
(c)
(d)
(1) after notice and opportunity for a hearing, suspend tariffs and service contracts of a common carrier or the common carrier's right to use tariffs of conferences and service contracts of agreements of which it is a member; or
(2) assess a civil penalty of not more than $5,000 for each day that the information is not provided.
(e)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1549.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
42104(a) | 46 App.:876(f)(1)–(3). | June 5, 1920, ch. 250, §19(f), (g); as added Pub. L. 101–595, title I, §103(2), Nov. 16, 1990, 104 Stat. 2979; Pub. L. 102–587, title VI, §6205(b)(2), Nov. 4, 1992, 106 Stat. 5094; Pub. L. 105–258, title III, §301, Oct. 14, 1998, 112 Stat. 1915. |
42104(b) | 46 App.:876(g)(1), (2). | |
42104(c) | 46 App.:876(g)(3). | |
42104(d) | 46 App.:876(f)(4), (g)(4). | |
42104(e) | 46 App.:876(g)(5). |
In subsections (a) and (b), the words “In carrying out” are substituted for “In furtherance of the purposes of” and “In proceedings under” for clarity and consistency.
In subsection (b)(1), the words “subpoena witnesses and evidence” are substituted for “by subpoena compel the attendance of witnesses and the production of books, papers, documents, and other evidence” for consistency in the revised title and to eliminate unnecessary words.
In subsection (b)(2), the words “conform to the Federal Rules of Civil Procedure (28 App. U.S.C.)” are substituted for “are in conformity with the rules applicable in civil proceedings in the district courts of the United States” for clarity.
In subsection (d)(2), the penalties from 46 App. U.S.C. 876(f)(4) and (g)(4)(B) are combined because they are redundant.
In subsection (e), the words “by an appropriate injunction or other process, mandatory or otherwise” are omitted as unnecessary.
Notwithstanding any other provision of law, the Federal Maritime Commission may refuse to disclose to the public a response or other information submitted to it under this chapter.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1550.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
42105 | 46 App.:876(h). | June 5, 1920, ch. 250, §19(h); as added Pub. L. 101–595, title I, §103(2), Nov. 16, 1990, 104 Stat. 2979; Pub. L. 105–258, title III, §301, Oct. 14, 1998, 112 Stat. 1915. |
If the Federal Maritime Commission finds that conditions unfavorable to shipping in foreign trade as described in section 42101 of this title exist, the Commission may—
(1) limit voyages to and from United States ports or the amount or type of cargo carried;
(2) suspend, in whole or in part, tariffs and service contracts for carriage to or from United States ports, including a common carrier's right to use tariffs of conferences and service contracts of agreements in United States trades of which it is a member for any period the Commission specifies;
(3) suspend, in whole or in part, an ocean common carrier's right to operate under any agreement filed with the Commission, including any agreement authorizing preferential treatment at terminals, preferential terminal leases, space chartering, or pooling of cargo or revenue with other ocean common carriers;
(4) impose a fee not to exceed $1,000,000 per voyage; or
(5) take any other action the Commission finds necessary and appropriate to adjust or meet any condition unfavorable to shipping in the foreign trade of the United States.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1550.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
42106 | 46 App.:876(i). | June 5, 1920, ch. 250, §19(i); as added Pub. L. 101–595, title I, §103(2), Nov. 16, 1990, 104 Stat. 2979; Pub. L. 105–258, title III, §301, Oct. 14, 1998, 112 Stat. 1915. |
At the request of the Federal Maritime Commission—
(1) the Secretary of Homeland Security shall—
(A) refuse the clearance required by section 60105 of this title to a vessel of a country that is named in a regulation prescribed by the Commission under section 42101 of this title; and
(B) collect any fees imposed by the Commission under section 42106(4) of this title; and
(2) the Secretary of the department in which the Coast Guard is operating shall—
(A) deny entry, for purposes of oceanborne trade, of a vessel of a country that is named in a regulation prescribed by the Commission under section 42101 of this title, to a port or place in the United States or the navigable waters of the United States; or
(B) detain the vessel at the port or place in the United States from which it is about to depart for another port or place in the United States.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1551.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
42107 | 46 App.:876(j). | June 5, 1920, ch. 250, §19(j); as added Pub. L. 101–595, title I, §103(2), Nov. 16, 1990, 104 Stat. 2979; Pub. L. 105–258, title III, §301, Oct. 14, 1998, 112 Stat. 1915. |
In paragraph (1), the words “Secretary of Homeland Security” are substituted for “collector of customs at the port or place of destination in the United States” because the functions of the Customs Service and of the Secretary of the Treasury relating thereto were transferred to the Secretary of Homeland Security by section 403(1) of the Homeland Security Act of 2002 (Pub. L. 107–296, 116 Stat. 2178). The functions of the collector of customs previously were vested in the Secretary of the Treasury by Reorganization Plan No. 26 of 1950, and the office of collector of customs previously was abolished by Reorganization Plan No. 1 of 1965.
A common carrier that accepts or handles cargo for carriage under a tariff or service contract that has been suspended under section 42104(d)(1) or 42106(2) of this title, or after its right to use another tariff or service contract has been suspended under those provisions, is liable to the United States Government for a civil penalty of not more than $50,000 for each day that it is found to be operating under a suspended tariff or service contract.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1551.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
42108 | 46 App.:876(k). | June 5, 1920, ch. 250, §19(k); as added Pub. L. 101–595, title I, §103(2), Nov. 16, 1990, 104 Stat. 2979; Pub. L. 105–258, title III, §301, Oct. 14, 1998, 112 Stat. 1915. |
The Federal Maritime Commission may consult with, seek the cooperation of, or make recommendations to other appropriate agencies of the United States Government prior to taking any action under this chapter.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1551.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
42109 | 46 App.:876(l). | June 5, 1920, ch. 250, §19(l); as added Pub. L. 101–595, title I, §103(2), Nov. 16, 1990, 104 Stat. 2979; Pub. L. 105–258, title III, §301, Oct. 14, 1998, 112 Stat. 1915. |
(a)
(b)
(1)
(2)
(3)
(4)
(5)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1551.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
42301 | 46 App.:1710a(a). | Pub. L. 100–418, title X, §10002(a), Aug. 23, 1988, 102 Stat. 1570; Pub. L. 105–258, title I, §111(1)–(3), Oct. 14, 1998, 112 Stat. 1911. |
(a)
(1) adversely affect the operations of United States carriers in United States oceanborne trade; and
(2) do not exist for foreign carriers of that country in the United States under the laws of the United States or as a result of acts of United States carriers or other persons providing maritime or maritime-related services in the United States.
(b)
(c)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1552.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
42302(a) | 46 App.:1710a(b). | Pub. L. 100–418, title X, §10002(b), (c), Aug. 23, 1988, 102 Stat. 1570; Pub. L. 105–258, title I, §111(4), Oct. 14, 1998, 112 Stat. 1911. |
42302(b) | 46 App.:1710a(c)(1). | |
42302(c) | 46 App.:1710a(c)(2). |
In subsection (b), the words “including another component of the United States Government” are substituted for “including any common carrier, shipper, shippers’ association, ocean transportation intermediary, or marine terminal operator, or any branch, department, agency, or other component of the Government of the United States” for consistency with section 42101(b) of the revised title and to eliminate unnecessary words.
(a)
(b)
(c)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1552.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
42303 | 46 App.:1710a(d) | Pub. L. 100–418, title X, §10002(d), Aug. 23, 1988, 102 Stat. 1571; Pub. L. 105–258, title I, §111(4), Oct. 14, 1998, 112 Stat. 1911. |
In subsection (b), the words “subpoena witnesses and evidence” are substituted for “issue subpoenas to compel the attendance and testimony of witnesses and the production of records or other evidence” for consistency in the revised title and to eliminate unnecessary words.
In subsection (c), the words “in its discretion” are omitted as unnecessary.
(a)
(1) limitations on voyages to and from United States ports or on the amount or type of cargo carried;
(2) suspension, in whole or in part, of any or all tariffs and service contracts, including an ocean common carrier's right to use any or all tariffs and service contracts of conferences in United States trades of which it is a member for any period the Commission specifies;
(3) suspension, in whole or in part, of an ocean common carrier's right to operate under any agreement filed with the Commission, including any agreement authorizing preferential treatment at terminals, preferential terminal leases, space chartering, or pooling of cargo or revenue with other ocean common carriers; and
(4) a fee not to exceed $1,000,000 per voyage.
(b)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1553.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
42304(a) | 46 App.:1710a(e)(1). | Pub. L. 100–418, title X, §10002(e)(1), (2), Aug. 23, 1988, 102 Stat. 1571; Pub. L. 105–258, title I, §111(5), (6), Oct. 14, 1998, 112 Stat. 1911. |
42304(b) | 46 App.:1710a(e)(2). |
In subsection (a), the words “Subject to section 42306 of this title” are added to alert the reader to the application of that section.
Subject to section 42306 of this title, whenever the Federal Maritime Commission determines that the conditions specified in section 42302(a) of this title exist, then at the request of the Commission—
(1) the Secretary of Homeland Security shall refuse the clearance required by section 60105 of this title to a vessel of a foreign carrier that is identified by the Commission under section 42304 of this title; and
(2) the Secretary of the department in which the Coast Guard is operating shall—
(A) deny entry, for purposes of oceanborne trade, of a vessel of a foreign carrier that is identified by the Commission under section 42304 of this title, to a port or place in the United States or the navigable waters of the United States; or
(B) detain the vessel at the port or place in the United States from which it is about to depart for another port or place in the United States.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1553.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
42305 | 46 App.:1710a(f). | Pub. L. 100–418, title X, §10002(f), Aug. 23, 1988, 102 Stat. 1572. |
Before paragraph (1), the words “Subject to section 42306 of this title” are added to alert the reader to the application of that section. The word “determines” is substituted for “finds” for consistency with section 42306 of the revised title.
In paragraph (1), the words “Secretary of Homeland Security” are substituted for “collector of customs at any port or place of destination in the United States” because the functions of the Customs Service and of the Secretary of the Treasury relating thereto were transferred to the Secretary of Homeland Security by section 403(1) of the Homeland Security Act of 2002 (Pub. L. 107–296, 116 Stat. 2178). The functions of the collector of customs previously were vested in the Secretary of the Treasury by Reorganization Plan No. 26 of 1950, and the office of collector of customs previously was abolished by Reorganization Plan No. 1 of 1965.
Before a determination under section 42304 of this title becomes effective or a request is made under section 42305 of this title, the determination shall be submitted immediately to the President. The President, within 10 days after receiving it, may disapprove it in writing, setting forth the reasons for the disapproval, if the President finds that disapproval is required for reasons of national defense or foreign policy.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1553.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
42306 | 46 App.:1710a(e)(3). | Pub. L. 100–418, title X, §10002(e)(3), Aug. 23, 1988, 102 Stat. 1572. |
A regulation or final order of the Federal Maritime Commission under this chapter is reviewable exclusively in the same forum and in the same manner as provided in section 2342(3)(B) of title 28.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1554.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
42307 | 46 App.:1710a(i). | Pub. L. 100–418, title X, §10002(i), Aug. 23, 1988, 102 Stat. 1572. |
This chapter applies to a vessel that—
(1) has berth or stateroom accommodations for at least 50 passengers; and
(2) boards passengers at a port in the United States.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1554.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
44101 | 46 App.:817d(a) (6th–28th words). | Pub. L. 89–777, §§2(a) (6th–28th words), 3(a) (15th–36th words), Nov. 6, 1966, 80 Stat. 1356, 1357. |
46 App.:817e(a) (15th–36th words). |
(a)
(b)
(1) information the Commission considers necessary; or
(2) a copy of a bond or other security, in such form as the Commission by regulation may require.
(c)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1554.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
44102 | 46 App.:817e(a) (1st–14th, 37th–last words), (b). | Pub. L. 89–777, §3(a) (1st–14th, 37th–last words), (b), Nov. 6, 1966, 80 Stat. 1357; Pub. L. 103–206, title III, §320, Dec. 20, 1993, 107 Stat. 2427. |
In subsection (c), the words “or any State thereof, or the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands or any territory or possession of the United States” are omitted as unnecessary because of the definition of “United States” in chapter 1 of the revised title.
(a)
(b)
(1)
(A) $20,000 for each of the first 500 passenger accommodations.
(B) $15,000 for each additional passenger accommodation between 501 and 1,000.
(C) $10,000 for each additional passenger accommodation between 1,001 and 1,500.
(D) $5,000 for each additional passenger accommodation over 1,500.
(2)
(c)
(d)
(1) Insurance.
(2) Surety bond issued by a bonding company authorized to do business in the United States.
(3) Qualification as a self-insurer.
(4) Other evidence of financial responsibility.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1554.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
44103 | 46 App.:817d(a) (1st–5th, 29th–last words), (b). | Pub. L. 89–777, §2(a) (1st–5th, 29th–last words), (b), Nov. 6, 1966, 80 Stat. 1356. |
In subsection (d)(2), the words “issued by a bonding company authorized to do business in the United States” are substituted for 46 App. U.S.C. 817d(b) to eliminate unnecessary words. The words “or any State thereof or the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, or any territory or possession of the United States” are omitted as unnecessary because of the definition of “United States” in chapter 1 of the revised title.
A person that violates section 44102 or 44103 of this title is liable to the United States Government for a civil penalty of not more than $5,000, plus $200 for each passage sold, to be assessed by the Federal Maritime Commission. The Commission may remit or mitigate the penalty on terms the Commission considers proper.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1555.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
44104 | 46 App.:817d(c). | Pub. L. 89–777, §§2(c), 3(c), Nov. 6, 1966, 80 Stat. 1357. |
46 App.:817e(c). |
The Secretary of Homeland Security shall refuse the clearance required by section 60105 of this title, at the port or place of departure from the United States, of a vessel that is subject to this chapter and does not have evidence issued by the Federal Maritime Commission of compliance with sections 44102 and 44103 of this title.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1555.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
44105 | 46 App.:817d(e). | Pub. L. 89–777, §§2(e), 3(e), Nov. 6, 1966, 80 Stat. 1357, 1358; Pub. L. 103–182, title VI, §689(c), Dec. 8, 1993, 107 Stat. 2222. |
46 App.:817e(e). |
The words “Secretary of Homeland Security” are substituted for “Customs Service” because the functions of the Customs Service and of the Secretary of the Treasury relating thereto were transferred to the Secretary of Homeland Security by section 403(1) of the Homeland Security Act of 2002 (Pub. L. 107–296, 116 Stat. 2178).
Part A of this subtitle applies to proceedings conducted by the Federal Maritime Commission under this chapter.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1555.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
44106 | 46 App.:817d(d). | Pub. L. 89–777, §§2(d), 3(d), Nov. 6, 1966, 80 Stat. 1357, 1358; Pub. L. 104–324, title VII, §746(c), Oct. 19, 1996, 110 Stat. 3943. |
46 App.:817e(d). |
The authority to prescribe regulations is omitted as unnecessary because it is already provided by section 305 of the revised title.