§41108 — Title 46 Shipping | U.S. Code

Summary

The Federal Maritime Commission can stop a carrier’s shipping rate schedules and rules (called tariffs), or stop the carrier from using group tariffs, for up to 12 months for certain violations. If a carrier still takes or handles cargo under a suspended tariff, it can be fined up to $50,000 for each shipment. If a carrier refuses to give information the Commission ordered or subpoenaed, after notice and a hearing the Commission can suspend its tariffs and ask the Secretary of Homeland Security to refuse or cancel that carrier’s vessel clearance; the Secretary must do so when asked. If the carrier says foreign law prevents producing the documents, the Commission will tell the Secretary of State, who will quickly talk with the foreign government to help get the information. If the Commission finds a carrier, someone working with it, or a foreign government has unfairly blocked a U.S.-documented vessel from ocean trade between foreign ports, the Commission can use these penalties and other actions allowed by law. Any order must be sent to the President right away, and the President has 10 days to disapprove it for national defense or foreign policy reasons.

Title 46, §41108

Shipping — Source: USLM XML via OLRC

(a)For a violation of paragraph (1), (2), or (7) of section 41104(a) of this title, the Federal Maritime Commission may suspend any or all tariffs of the common carrier, or that common carrier’s right to use any or all tariffs of conferences of which it is a member, for a period not to exceed 12 months.

(b)A common carrier that accepts or handles cargo for carriage under a tariff that has been suspended, or after its right to use that tariff has been suspended, is liable to the United States Government for a civil penalty of not more than $50,000 for each shipment.

(c)(1)If the Commission finds, after notice and opportunity for a hearing, that a common carrier has failed to supply information ordered to be produced or compelled by subpoena under section 41303 of this title, the Commission may—

(A)suspend any or all tariffs of the carrier or the carrier’s right to use any or all tariffs of conferences of which it is a member; and

(B)request the Secretary of Homeland Security to refuse or revoke any clearance required for a vessel operated by the carrier, and when so requested, the Secretary shall refuse or revoke the clearance.

(2)If, in defense of its failure to comply with a subpoena or discovery order, a common carrier alleges that information or documents located in a foreign country cannot be produced because of the laws of that country, the Commission shall immediately notify the Secretary of State of the failure to comply and of the allegation relating to foreign laws. On receiving the notification, the Secretary of State shall promptly consult with the government of the nation within which the information or documents are alleged to be located for the purpose of assisting the Commission in obtaining the information or documents.

(d)If the Commission finds, after notice and opportunity for a hearing, that the action of a common carrier, acting alone or in concert with another person, or a foreign government has unduly impaired access of a vessel documented under the laws of the United States to ocean trade between foreign ports, the Commission shall take action that it finds appropriate, including imposing any of the penalties authorized by this section. The Commission also may take any of the actions authorized by section 42304 and 42305 of this title.

(e)Before an order under this section becomes effective, it shall be submitted immediately to the President. The President, within 10 days after receiving it, may disapprove it if the President finds that disapproval is required for reasons of national defense or foreign policy.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 41108(a)46 App.:1712(b)(1).Pub. L. 98–237, § 13(b), Mar. 20, 1984, 98 Stat. 82; Pub. L. 105–258, title I, § 112(b), Oct. 14, 1998, 112 Stat. 1911. 41108(b)46 App.:1712(b)(3). 41108(c)46 App.:1712(b)(2), (4), (5). 41108(d)46 App.:1712(b)(6). 46 App.:1710a(h) (related to 1712(b)(6)).Pub. L. 100–418, title X, § 10002(h) (related to § 13(b)(6)), Aug. 23, 1988, 102 Stat. 1572; Pub. L. 105–258, title I, § 111(7), Oct. 14, 1998, 112 Stat. 1911. 41108(e)46 App.:1712(b)(7). In subsection (c)(1)(B), the words “Secretary of Homeland Security” are substituted for “Secretary of the Treasury” because the functions of the Secretary of the Treasury relating to the Customs Service were transferred to the Secretary of Homeland Security by section 403(1) of the Homeland Security Act of 2002 (Pub. L. 107–296, 116 Stat. 2178).

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–146 substituted “paragraph (1), (2), or (7) of section 41104(a)” for “section 41104(1), (2), or (7)”.

§41108 Additional Penalties