§42106 — Title 46 Shipping | U.S. Code

Summary

When the Federal Maritime Commission finds conditions are hurting U.S. foreign shipping, it can act. It may limit trips to and from U.S. ports or limit the amount or type of cargo; partly or fully suspend tariffs, service contracts, or a carrier’s rights under agreements filed with the Commission (like terminal preferences, space charters, or cargo/revenue pooling); charge up to $1,000,000 per voyage; or take any other necessary and appropriate action.

Title 46, §42106

Shipping — Source: USLM XML via OLRC

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.

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 4210646 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.

§42106 Other actions to remedy unfavorable conditions

Summary

Title 46, §42106

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata