dreamproit/uscode huggingface dataset:
46 U.S.C. § 31323 (SHIPPING)
§ 31323. Disclosing and incurring obligations before executing preferred mortgages
(a) On request of the mortgagee and before executing a preferred mortgage, the mortgagor shall disclose in writing to the mortgagee the existence of any obligation known to the mortgagor on the vessel to be mortgaged.
(b) After executing a preferred mortgage and before the mortgagee has had a reasonable time to file the mortgage, the mortgagor may not incur, without the consent of the mortgagee, any contractual obligation establishing a lien on the vessel except a lien for—
(1) wages of a stevedore when employed directly by a person listed in section 31341 of this title;
(2) wages for the crew of the vessel;
(3) general average; or
(4) salvage, including contract salvage.
(c) On conviction of a mortgagor under section 31330(a)(1)(A) or (B) of this title for violating this section, the mortgage indebtedness, at the option of the mortgagee, is payable immediately.
(Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4744.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
31323(a)
46:924(1)
31323(b)
46:924(2)
31323(c)
46:941(b) (last sentence)
Section 31323(a) requires the mortgagor to disclose any obligations on the vessel before executing a preferred mortgage. This subsection makes no substantive change to law.
Section 31323(b) provides that, after executing a preferred mortgage, the mortgagor may not incur, without consent of the mortgagee, any contractual obligations establishing a lien on the vessel—except a lien for stevedore wages, crew wages, general average, and salvage. The only substantive change to law made by this subsection is that the reasonable time to record a mortgage is changed to a reasonable time to file the mortgage, and the elimination of the reference to endorsements. These changes are in keeping with the changes made in section 31322.
Section 31323(c) provides that if a mortgagor is convicted of a violation of this section, then the mortgage indebtedness, at the option of the mortgagee, is payable immediately. This subsection makes no substantive change to law.
46 U.S.C. § 31324 (SHIPPING)
§ 31324. Retention and examination of mortgages of vessels covered by preferred mortgages
(a) On request, the owner, master, or individual in charge of a vessel covered by a preferred mortgage shall permit a person to examine the mortgage if the person has business with the vessel that may give rise to a maritime lien or the sale, conveyance, mortgage, or assignment of a mortgage of the vessel.
(b) A mortgagor of a preferred mortgage covering a self-propelled vessel shall use diligence in keeping a certified copy of the mortgage on the vessel.
(Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4744.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
31324
46:923
Section 31324(a) provides for examination of mortgages of a vessel that is covered by a preferred mortgage by persons that have business with the vessel that may give rise to a maritime lien or the sale, conveyance, mortgage, or assignment of the mortgage. This subsection makes no substantive change to law.
Section 31324(b) requires that a certified copy of the mortgage must be on board a self-propelled vessel. This subsection makes no substantive change to law.
46 U.S.C. § 31327 (SHIPPING)
§ 31327. Forfeiture of mortgagee interest
The interest of a mortgagee in a documented vessel or a vessel covered by a preferred mortgage under section 31322(d) of this title may be terminated by a forfeiture of the vessel for a violation of a law of the United States only if the mortgagee authorized, consented, or conspired to do the act, failure, or omission that is the basis of the violation.
(Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4746.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
31327
46:961(b)
Section 31327 provides for forfeiture of the mortgagee’s interest if the mortgagee authorized, consented, or conspired to do the act, failure, or omission that is the basis of the violation that caused forfeiture of the vessel. This section makes no substantive change to law.
46 U.S.C. § 31328 (SHIPPING)
[§ 31328. Repealed. Pub. L. 104–324, title XI, § 1113(b)(1), Oct. 19, 1996, 110 Stat. 3970]
text: Section, Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4746, related to limitations on parties serving as trustees of mortgaged vessel interests.
46 U.S.C. § 31341 (SHIPPING)
§ 31341. Persons presumed to have authority to procure necessaries
(a) The following persons are presumed to have authority to procure necessaries for a vessel:
(1) the owner;
(2) the master;
(3) a person entrusted with the management of the vessel at the port of supply; or
(4) an officer or agent appointed by—
(A) the owner;
(B) a charterer;
(C) an owner pro hac vice; or
(D) an agreed buyer in possession of the vessel.
(b) A person tortiously or unlawfully in possession or charge of a vessel has no authority to procure necessaries for the vessel.
(Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4748; Pub. L. 101–225, title III, § 303(5), Dec. 12, 1989, 103 Stat. 1924.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
31341(a)
46:972 (1st sentence), 973
31341(b)
46:972 (2d sentence)
Section 31341(a) lists those persons who are presumed to have authority to procure necessaries for a vessel. These include the owner, master, or a manager at the port of supply; and an officer or agent appointed by the owner, charterer, owner pro hac vice, or buyer in possession of the vessel. This subsection makes no substantive change to law.
Section 31341(b) provides that any person that is tortiously or unlawfully in possession of or in charge of a vessel has no authority to procure necessaries. This subsection makes no substantive change to law.
heading: Amendments
text: 1989—Subsec. (a)(3). Pub. L. 101–225 substituted “management” for “mangement”.
46 U.S.C. § 31342 (SHIPPING)
§ 31342. Establishing maritime liens
(a) Except as provided in subsection (b) of this section, a person providing necessaries to a vessel on the order of the owner or a person authorized by the owner—
(1) has a maritime lien on the vessel;
(2) may bring a civil action in rem to enforce the lien; and
(3) is not required to allege or prove in the action that credit was given to the vessel.
(b) This section does not apply to a public vessel.
(Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4748; Pub. L. 101–225, title III, § 303(6), Dec. 12, 1989, 103 Stat. 1924.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
31342
46:971
Section 31342 provides that any authorized person providing necessaries for a vessel has a maritime lien on the vessel, may bring a civil action in rem in admiralty to enforce the lien, and is not required to allege or prove that credit was given to the vessel. “Providing” has been substituted for “furnishing” for consistency with other laws. This section makes no substantive change to law. This section does not supersede the prohibition under the Public Vessels Act, the Foreign Sovereign Immunities Act, or the Suits in Admiralty Act, on bringing an in rem action against a public vessel.
heading: Amendments
text: 1989—Pub. L. 101–225 designated existing provisions as subsec. (a), substituted “Except as provided in subsection (b) of this section, a person providing necessaries to a vessel on the order of the owner” for “A person providing necessaries to a vessel (except a public vessel) on the order of a person listed in section 31341 of this title”, and added subsec. (b).
46 U.S.C. § 40101 (SHIPPING)
§ 40101. Purposes
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.)
text: Historical and Revision Notes
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.
heading: Effects on Certain Agreements and Contracts
text: 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.”
46 U.S.C. § 40103 (SHIPPING)
§ 40103. Administrative exemptions
(a) In General.—
The Federal Maritime Commission, on application or its own motion, may by order or regulation exempt for the future any class of agreements between persons subject to this part or any specified activity of those persons from any requirement of this part if the Commission finds that the exemption will not result in substantial reduction in competition or be detrimental to commerce. The Commission may attach conditions to an exemption and may, by order, revoke an exemption.
(b) Opportunity for Hearing.—
An order or regulation of exemption or revocation of an exemption may be issued only if the Commission has provided an opportunity for a hearing to interested persons and departments and agencies of the United States Government.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1527.)
text: Historical and Revision Notes
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.
46 U.S.C. § 40104 (SHIPPING)
§ 40104. Reports filed with the Commission
(a) In General.—
The Federal Maritime Commission may require a common carrier or an officer, receiver, trustee, lessee, agent, or employee of the carrier to file with the Commission a periodical or special report, an account, record, rate, or charge, or a memorandum of facts and transactions related to the business of the carrier. The report, account, record, rate, charge, or memorandum shall be made under oath if the Commission requires, and shall be filed in the form and within the time prescribed by the Commission.
(b) Conference Minutes.—
Conference minutes required to be filed with the Commission under this section may not be released to third parties or published by the Commission.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1527.)
text: Historical and Revision Notes
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.
46 U.S.C. § 40301 (SHIPPING)
§ 40301. Application
(a) Ocean Common Carrier Agreements.—
This part applies to an agreement between or among ocean common carriers to—
(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) Marine Terminal Operator Agreements.—
This part applies to an agreement between or among marine terminal operators, or between or among one or more marine terminal operators and one or more ocean common carriers, to—
(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) Acquisitions.—
This part does not apply to an acquisition by any person, directly or indirectly, of any voting security or assets of any other person.
(d) Maritime Labor Agreements.—
This part does not apply to a maritime labor agreement. However, this subsection does not exempt from this part any rate, charge, regulation, or practice of a common carrier that is required to be set forth in a tariff or is an essential term of a service contract, whether or not the rate, charge, regulation, or practice arises out of, or is otherwise related to, a maritime labor agreement.
(e) Assessment Agreements.—
This part (except sections 40305 and 40307(a)) does not apply to an assessment agreement.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1528.)
text: Historical and Revision Notes
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).
46 U.S.C. § 40302 (SHIPPING)
§ 40302. Filing requirements
(a) In General.—
A true copy of every agreement referred to in section 40301(a) or (b) of this title shall be filed with the Federal Maritime Commission. If the agreement is oral, a complete memorandum specifying in detail the substance of the agreement shall be filed.
(b) Exceptions.—
Subsection (a) does not apply to—
(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) Regulations.—
The Commission may by regulation prescribe the form and manner in which an agreement shall be filed and any additional information and documents necessary to evaluate the agreement.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1528.)
text: Historical and Revision Notes
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.
46 U.S.C. § 40304 (SHIPPING)
§ 40304. Commission action
(a) Notice of Filing.—
Within 7 days after an agreement is filed, the Federal Maritime Commission shall transmit a notice of the filing to the Federal Register for publication.
(b) Preliminary Review and Rejection.—
After preliminary review, the Commission shall reject an agreement that it finds does not meet the requirements of sections 40302 and 40303 of this title. The Commission shall notify in writing the person filing the agreement of the reason for rejection.
(c) Review and Effective Date.—
Unless rejected under subsection (b), an agreement (other than an assessment agreement) is effective—
(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) Request for Additional Information.—
Before the expiration of the period specified in subsection (c)(1), the Commission may request from the person filing the agreement any additional information and documents the Commission considers necessary to make the determinations required by this section.
(e) Modification of Review Period.—
(1) Shortening.—
On request of the party filing an agreement, the Commission may shorten a period specified in subsection (c), but not to a date that is less than 14 days after notice of the filing of the agreement is published in the Federal Register.
(2) Extension.—
The period specified in subsection (c)(2) may be extended only by the United States District Court for the District of Columbia in a civil action brought by the Commission under section 41307(c) of this title.
(f) Fixed Terms.—
The Commission may not limit the effectiveness of an agreement to a fixed term.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1530.)
text: Historical and Revision Notes
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).
46 U.S.C. § 40305 (SHIPPING)
§ 40305. Assessment agreements
(a) Filing Requirement.—
An assessment agreement shall be filed with the Federal Maritime Commission and is effective on filing.
(b) Complaints.—
If a complaint is filed with the Commission within 2 years after the date of an assessment agreement, the Commission shall disapprove, cancel, or modify the agreement, or an assessment or charge pursuant to the agreement, that the Commission finds, after notice and opportunity for a hearing, to be unjustly discriminatory or unfair as between carriers, shippers, or ports. The Commission shall issue its final decision in the proceeding within one year after the date the complaint is filed.
(c) Adjustments of Assessments and Charges.—
To the extent that the Commission finds under subsection (b) that an assessment or charge is unjustly discriminatory or unfair as between carriers, shippers, or ports, the Commission shall adjust the assessment or charge for the period between the filing of the complaint and the final decision by awarding prospective credits or debits to future assessments and charges. However, if the complainant has ceased activities subject to the assessment or charge, the Commission may award reparations.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1531.)
text: Historical and Revision Notes
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.
46 U.S.C. § 40306 (SHIPPING)
§ 40306. Nondisclosure of information
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.)
text: Historical and Revision Notes
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.
46 U.S.C. § 40503 (SHIPPING)
§ 40503. Refunds and waivers
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.)
text: Historical and Revision Notes
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.
46 U.S.C. § 40701 (SHIPPING)
§ 40701. Rates
(a) In General.—
A controlled carrier may not—
(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) Commission Prohibition.—
The Federal Maritime Commission, at any time after notice and opportunity for a hearing, may prohibit the publication or use of a rate, charge, classification, rule, or regulation that a controlled carrier has failed to demonstrate is just and reasonable.
(c) Burden of Proof.—
In a proceeding under this section, the burden of proof is on the controlled carrier to demonstrate that its rate, charge, classification, rule, or regulation is just and reasonable.
(d) Voidness.—
A rate, charge, classification, rule, or regulation that has been suspended or prohibited by the Commission is void and its use is unlawful.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1535.)
text: Historical and Revision Notes
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.