dreamproit/uscode huggingface dataset:
46 U.S.C. § 40702 (SHIPPING)
§ 40702. Rate standards
(a) Definition.—
In this section, the term “constructive costs” means the costs of another carrier, other than a controlled carrier, operating similar vessels and equipment in the same or a similar trade.
(b) Standards.—
In determining whether a rate, charge, classification, rule, or regulation of a controlled carrier is just and reasonable, the Federal Maritime Commission—
(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.)
text: Historical and Revision Notes
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.
46 U.S.C. § 40703 (SHIPPING)
§ 40703. Effective date of rates
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.)
text: Historical and Revision Notes
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.
46 U.S.C. § 40704 (SHIPPING)
§ 40704. Commission review
(a) Request for Justification.—
On request of the Federal Maritime Commission, a controlled carrier shall file with the Commission, within 20 days of the request, a statement of justification that sufficiently details the carrier’s need and purpose for an existing or proposed rate, charge, classification, rule, or regulation and upon which the Commission may reasonably base a determination of its lawfulness.
(b) Determination.—
Within 120 days after receipt of information requested under subsection (a), the Commission shall determine whether the rate, charge, classification, rule, or regulation may be unjust and unreasonable.
(c) Show Cause Order.—
Whenever the Commission is of the opinion that a rate, charge, classification, rule, or regulation published or assessed by a controlled carrier may be unjust and unreasonable, the Commission shall issue an order to the controlled carrier to show cause why the rate, charge, classification, rule, or regulation should not be prohibited.
(d) Suspension Pending Determination.—
(1) Not yet effective.—
Pending a determination of the lawfulness of a rate, charge, classification, rule, or regulation in a proceeding under subsection (c), the Commission may suspend the rate, charge, classification, rule, or regulation at any time before its effective date.
(2) Already effective.—
If a rate, charge, classification, rule, or regulation has already become effective, the Commission, on issuance of an order to show cause, may suspend the rate, charge, classification, rule, or regulation on at least 30 days’ notice to the controlled carrier.
(3) Maximum suspension.—
A period of suspension under this subsection may not exceed 180 days.
(e) Replacement During Suspension.—
Whenever the Commission has suspended a rate, charge, classification, rule, or regulation under this section, the controlled carrier may publish a new rate, charge, classification, rule, or regulation to take effect immediately during the suspension in lieu of the suspended rate, charge, classification, rule, or regulation. However, the Commission may reject the new rate, charge, classification, rule, or regulation if the Commission believes it is unjust and unreasonable.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1536.)
text: Historical and Revision Notes
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.
46 U.S.C. § 40705 (SHIPPING)
§ 40705. Presidential review of Commission orders
(a) Transmission to President.—
The Federal Maritime Commission shall transmit to the President, concurrently with publication thereof, each order of suspension or final order of prohibition issued under section 40704 of this title.
(b) Presidential Request and Commission Action.—
Within 10 days after receipt or the effective date of a Commission order referred to in subsection (a), the President, in writing, may request the Commission to stay the effect of the order if the President finds that the stay is required for reasons of national defense or foreign policy. The reasons shall be specified in the request. The Commission shall immediately grant the request by issuing an order in which the President’s request shall be described. During a stay, the President shall, whenever practicable, attempt to resolve the matter by negotiating with representatives of the applicable foreign governments.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1537.)
text: Historical and Revision Notes
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.
46 U.S.C. § 40706 (SHIPPING)
§ 40706. Exceptions
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.)
text: Historical and Revision Notes
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.
46 U.S.C. § 40901 (SHIPPING)
§ 40901. License requirement
(a) In General.—
A person in the United States may not act as an ocean transportation intermediary unless the person holds an ocean transportation intermediary’s license issued by the Federal Maritime Commission. The Commission shall issue a license to a person that the Commission determines to be qualified by experience and character to act as an ocean transportation intermediary.
(b) Exception.—
A person whose primary business is the sale of merchandise may forward shipments of the merchandise for its own account without an ocean transportation intermediary’s license.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1538.)
text: Historical and Revision Notes
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).
46 U.S.C. § 40902 (SHIPPING)
§ 40902. Financial responsibility
(a) In General.—
A person may not act as an ocean transportation intermediary unless the person furnishes a bond, proof of insurance, or other surety—
(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) Scope of Financial Responsibility.—
A bond, insurance, or other surety obtained under this section—
(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) Regulations on Court Judgments.—
The Commission shall prescribe regulations for the purpose of protecting the interests of claimants, ocean transportation intermediaries, and surety companies with respect to the process of pursuing claims against ocean transportation intermediary bonds, insurance, or sureties through court judgments. The regulations shall provide that a judgment for monetary damages may not be enforced except to the extent that the damages claimed arise from the transportation-related activities of the insured ocean transportation intermediary, as defined by the Commission.
(d) Resident Agent.—
An ocean transportation intermediary not domiciled in the United States shall designate a resident agent in the United States for receipt of service of judicial and administrative process, including subpoenas.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1538.)
text: Historical and Revision Notes
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.
46 U.S.C. § 40903 (SHIPPING)
§ 40903. Suspension or revocation of license
(a) Failure To Maintain Qualifications or To Comply.—
The Federal Maritime Commission, after notice and opportunity for a hearing, shall suspend or revoke an ocean transportation intermediary’s license if the Commission finds that the ocean transportation intermediary—
(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) Failure To Maintain Bond, Proof of Insurance, or Other Surety.—
The Commission may revoke an ocean transportation intermediary’s license for failure to maintain a bond, proof of insurance, or other surety as required by section 40902(a) of this title.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1539.)
text: Historical and Revision Notes
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.
46 U.S.C. § 40904 (SHIPPING)
§ 40904. Compensation by common carriers
(a) Certification of License and Services.—
A common carrier may compensate an ocean freight forwarder for a shipment dispatched for others only when the ocean freight forwarder has certified in writing that it holds an ocean transportation intermediary’s license (if required under section 40901 of this title) and has—
(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) Dual Compensation.—
A common carrier may not pay compensation for services described in subsection (a) more than once on the same shipment.
(c) Beneficial Interest Shipments.—
An ocean freight forwarder may not receive compensation from a common carrier for a shipment in which the ocean freight forwarder has a direct or indirect beneficial interest. A common carrier may not knowingly pay compensation on that shipment.
(d) Limits on Authority of Conference or Group.—
A conference or group of two or more ocean common carriers in the foreign commerce of the United States that is authorized to agree on the level of compensation paid to an ocean freight forwarder may not—
(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.)
text: Historical and Revision Notes
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.
46 U.S.C. § 41101 (SHIPPING)
§ 41101. Joint ventures and consortiums
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.)
text: Historical and Revision Notes
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.
46 U.S.C. § 41102 (SHIPPING)
§ 41102. General prohibitions
(a) Obtaining Transportation at Less Than Applicable Rates.—
A person may not knowingly and willfully, directly or indirectly, by means of false billing, false classification, false weighing, false report of weight, false measurement, or any other unjust or unfair device or means, obtain or attempt to obtain ocean transportation for property at less than the rates or charges that would otherwise apply.
(b) Operating Contrary to Agreement.—
A person may not operate under an agreement required to be filed under section 40302 or 40305 of this title if—
(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) Practices in Handling Property.—
A common carrier, marine terminal operator, or ocean transportation intermediary may not fail to establish, observe, and enforce just and reasonable regulations and practices relating to or connected with receiving, handling, storing, or delivering property.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1540.)
text: Historical and Revision Notes
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.
46 U.S.C. § 41105 (SHIPPING)
§ 41105. Concerted action
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.)
text: Historical and Revision Notes
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.
46 U.S.C. § 41106 (SHIPPING)
§ 41106. Marine terminal operators
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.)
text: Historical and Revision Notes
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)).
46 U.S.C. § 41107 (SHIPPING)
§ 41107. Monetary penalties
(a) In General.—
A person that violates this part or a regulation or order of the Federal Maritime Commission issued under this part is liable to the United States Government for a civil penalty. Unless otherwise provided in this part, the amount of the penalty may not exceed $5,000 for each violation or, if the violation was willfully and knowingly committed, $25,000 for each violation. Each day of a continuing violation is a separate violation.
(b) Lien on Carrier’s Vessels.—
The amount of a civil penalty imposed on a common carrier under this section constitutes a lien on the vessels operated by the carrier. Any such vessel is subject to an action in rem to enforce the lien in the district court of the United States for the district in which it is found.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1543.)
text: Historical and Revision Notes
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.
46 U.S.C. § 41109 (SHIPPING)
§ 41109. Assessment of penalties
(a) General Authority.—
Until a matter is referred to the Attorney General, the Federal Maritime Commission may, after notice and opportunity for a hearing, assess a civil penalty provided for in this part. The Commission may compromise, modify, or remit, with or without conditions, a civil penalty.
(b) Factors in Determining Amount.—
In determining the amount of a civil penalty, the Commission shall take into account the nature, circumstances, extent, and gravity of the violation committed and, with respect to the violator, the degree of culpability, history of prior offenses, ability to pay, and other matters justice may require.
(c) Exception.—
A civil penalty may not be imposed for conspiracy to violate section 41102(a) or 41104(1) or (2) of this title or to defraud the Commission by concealing such a violation.
(d) Prohibited Basis of Penalty.—
The Commission or a court may not order a person to pay the difference between the amount billed and agreed upon in writing with a common carrier or its agent and the amount set forth in a tariff or service contract by that common carrier for the transportation service provided.
(e) Time Limit.—
A proceeding to assess a civil penalty under this section must be commenced within 5 years after the date of the violation.
(f) Review of Civil Penalty.—
A person against whom a civil penalty is assessed under this section may obtain review under chapter 158 of title 28.
(g) Civil Actions To Collect.—
If a person does not pay an assessment of a civil penalty after it has become final or after the appropriate court has entered final judgment in favor of the Commission, the Attorney General at the request of the Commission may seek to collect the amount assessed in an appropriate district court of the United States. The court shall enforce the order of the Commission unless it finds that the order was not regularly made and duly issued.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1544.)
text: Historical and Revision Notes
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).