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§58107 Discrimination at ports by water common carriers

Title 46 › Subtitle Subtitle V— - Merchant Marine › Part Part G— - Restrictions and Penalties › Chapter CHAPTER 581— - RESTRICTIONS AND PENALTIES › § 58107

Last updated Apr 6, 2026|Official source

Summary

Water carriers cannot stop another carrier from serving a qualifying port at the same rates as their nearest served port. Qualifying port: ocean-going ships; federally authorized improvement project; within continental U.S. This does not limit the Secretary of Transportation or the Federal Maritime Commission.

Full Legal Text

Title 46, §58107

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(a)A common carrier by water may not, directly or indirectly, through an agreement, conference, association, understanding, or otherwise, prevent or attempt to prevent any other common carrier by water from serving any port described in subsection (b) at the same rates the first carrier charges at the nearest port already regularly served by it.
(b)A port referred to in subsection (a) is one that is—
(1)designed for the accommodation of ocean-going vessels;
(2)located on an improvement project authorized by law or by a Federal agency; and
(3)located within the continental limits of the United States.
(c)This section does not limit the authority otherwise vested in the Secretary of Transportation and the Federal Maritime Commission.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5810746 App.:1115.June 29, 1936, ch. 858, title II, § 205, 49 Stat. 1987; Pub. L. 97–31, § 12(62), Aug. 6, 1981, 95 Stat. 159.

Reference

Citations & Metadata

Citation

46 U.S.C. § 58107

Title 46Shipping

Last Updated

Apr 6, 2026

Release point: 119-73