§40501 — Title 46 Shipping | U.S. Code

Summary

Requires each shipping company and carrier group to keep an online public tariff showing all rates, charges, rules, classifications, and practices for routes they run or through routes they use. Tariffs do not have to show inland parts of a through rate separately. The rule does not cover bulk cargo, forest products, recycled metal scrap, new assembled motor vehicles, waste paper, or paper waste. Tariffs must name the places served, list cargo classes, say any pay to ocean freight forwarders, list terminal and other charges and any rules that change rates, include sample bills of lading or contracts, and include loyalty contracts without the shipper’s name. Tariffs must be available electronically to anyone with no time or quantity limits. Providers may charge a reasonable fee, but not to a Federal agency. Rates may change with cargo volume. New or higher rates cannot take effect until 30 days after they are published unless the Federal Maritime Commission (FMC) allows an earlier start for good cause. Lower rates can start when published. Marine terminal operators may publish schedules of rates and rules, and those schedules can be enforced like a contract even if someone didn’t know the terms. The FMC sets rules for how the online tariff systems must work and can ban systems that fail. The FMC cannot force carriers to provide a physical remote terminal for access.

Title 46, §40501

Shipping — Source: USLM XML via OLRC

(a)(1)Each common carrier and conference shall keep open to public inspection in an automated tariff system, tariffs showing all its rates, charges, classifications, rules, and practices between all points or ports on its own route and on any through transportation route that has been established. However, a common carrier is not required to state separately or otherwise reveal in tariffs the inland divisions of a through rate.

(2)Paragraph (1) does not apply with respect to bulk cargo, forest products, recycled metal scrap, new assembled motor vehicles, waste paper, or paper waste.

(b)A tariff under subsection (a) shall—

(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)A tariff under subsection (a) shall be made available electronically to any person, without time, quantity, or other limitation, through appropriate access from remote locations. A reasonable fee may be charged for such access, except that no fee may be charged for access by a Federal agency.

(d)A rate contained in a tariff under subsection (a) may vary with the volume of cargo offered over a specified period of time.

(e)(1)A new or initial rate or change in an existing rate that results in an increased cost to a shipper may not become effective earlier than 30 days after publication. However, for good cause, the Federal Maritime Commission may allow the rate to become effective sooner.

(2)A change in an existing rate that results in a decreased cost to a shipper may become effective on publication.

(f)A marine terminal operator may make available to the public a schedule of rates, regulations, and practices, including limitations of liability for cargo loss or damage, pertaining to receiving, delivering, handling, or storing property at its marine terminal. Any such schedule made available to the public is enforceable by an appropriate court as an implied contract without proof of actual knowledge of its provisions.

(g)(1)The Commission shall by regulation prescribe the requirements for the accessibility and accuracy of automated tariff systems established under this section. The Commission, after periodic review, may prohibit the use of any automated tariff system that fails to meet the requirements established under this section.

(2)The Commission may not require a common carrier to provide a remote terminal for electronic access under subsection (c).

(3)The Commission shall by regulation prescribe the form and manner in which marine terminal operator schedules authorized by this section shall be published.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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.

§40501 General Rate and Tariff Requirements

Summary

Title 46, §40501

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata