Title 46ShippingRelease 119-73not60

§42106 Other Actions to Remedy Unfavorable Conditions

Title 46 › Subtitle Subtitle IV— Regulation of Ocean Shipping › Part B— Actions To Address Foreign Practices › Chapter 421— REGULATIONS AFFECTING SHIPPING IN FOREIGN TRADE › § 42106

Last updated Apr 5, 2026|Official source

Summary

When the Federal Maritime Commission finds that foreign trade shipping is having serious problems, it can act to fix them. It may limit trips or the cargo they carry; pause all or part of tariffs and service contracts for routes to and from U.S. ports (including a carrier’s use of conference tariffs or group service contracts) for whatever time it sets; stop a shipping company from using agreements filed with the Commission (like special terminal deals, terminal leases, space charters, or cargo/revenue pools); charge a fee of up to $1,000,000 per voyage; or take any other steps it finds necessary.

Full Legal Text

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.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

46 U.S.C. § 42106

Title 46Shipping

Last Updated

Apr 5, 2026

Release point: 119-73not60