§42304 — Title 46 Shipping | U.S. Code

Summary

The Federal Maritime Commission must act to fix the problems named in section 42302(a) when it finds they exist, after giving notice and a chance to comment or have a hearing, and if section 42306 allows it. It can target any foreign carrier or that carrier’s government that helped cause the problem by limiting voyages or cargo, suspending tariffs, contracts, or operating agreements, or charging a fee up to $1,000,000 per voyage. Before taking action, the Commission may talk with, ask help from, or make recommendations to other U.S. government agencies.

Title 46, §42304

Shipping — Source: USLM XML via OLRC

(a)Subject to section 42306 of this title, whenever the Federal Maritime Commission, after notice and opportunity for comment or hearing, determines that the conditions specified in section 42302(a) of this title exist, the Commission shall take such action to offset those conditions as it considers necessary and appropriate against any foreign carrier that is a contributing cause, or whose government is a contributing cause, to those conditions. The action may include—

(1)limitations on voyages to and from United States ports or on the amount or type of cargo carried;

(2)suspension, in whole or in part, of any or all tariffs and service contracts, including an ocean common carrier’s right to use any or all tariffs and service contracts of conferences in United States trades of which it is a member for any period the Commission specifies;

(3)suspension, in whole or in part, of 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; and

(4)a fee not to exceed $1,000,000 per voyage.

(b)The Commission may consult with, seek the cooperation of, or make recommendations to other appropriate agencies of the United States Government prior to taking any action under subsection (a).

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 42304(a)46 App.:1710a(e)(1).Pub. L. 100–418, title X, § 10002(e)(1), (2), Aug. 23, 1988, 102 Stat. 1571; Pub. L. 105–258, title I, § 111(5), (6), Oct. 14, 1998, 112 Stat. 1911. 42304(b)46 App.:1710a(e)(2). In subsection (a), the words “Subject to section 42306 of this title” are added to alert the reader to the application of that section.

§42304 Action Against Foreign Carriers

Summary

Title 46, §42304

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata