CHAPTER 421 —REGULATIONS AFFECTING SHIPPING IN FOREIGN TRADE
§42101. Regulations of the Commission
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 42101(a) | 46 App.:876(a)(2). | June 5, 1920, ch. 250, §19(a)(2), (e), |
| 46 App.:1710a(h) (related to 876(a)(2)). | ||
| 42101(b) | 46 App.:876(e). |
In subsection (a), the word "shall" is substituted for "is authorized and directed", and the words "prescribe regulations" are substituted for "make rules and regulations", for consistency in the revised title and to eliminate unnecessary words. The text of 46 App. U.S.C. 1710a(h), insofar as it relates to 46 App. U.S.C. 876(a)(2), is omitted as unnecessary because this chapter already provides for the same remedies as those authorized by the omitted provision.
In subsection (b), the words "on the petition of any person, including another component of the United States Government" are substituted for "pursuant to a petition. Any person, including a common carrier, tramp operator, bulk operator, shipper, shippers' association, ocean transportation intermediary, marine terminal operator, or any component of the Government of the United States, may file a petition for relief under subsection (a)(2) of this section." for consistency with section 42302(b) of the revised title and to eliminate unnecessary words.
§42102. Regulations of other agencies
(a)
(b)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 42102(a) | 46 App.:876(a)(3). | June 5, 1920, ch. 250, §19(a)(3), (b), (c), |
| 42102(b) | 46 App.:876(b). | |
| 42102(c) | 46 App.:876(c). |
In this section, the words "department, agency, or instrumentality" are substituted for "department, board, bureau, or agency" for consistency in the revised title. The words "the inspection of vessels" are substituted for "the steamboat inspection service" because the Steamboat Inspection Service has been abolished and its functions are now carried out by the Coast Guard.
In subsection (a), the word "shall" is substituted for "is authorized and directed" for consistency in the revised title and to eliminate unnecessary words.
§42103. No preference to Government-owned vessels
A regulation may not give a vessel owned by the United States Government a preference over a vessel owned by citizens of the United States and documented under the laws of the United States.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 42103 | 46 App.:876(d). | June 5, 1920, ch. 250, §19(d), |
§42104. Information, witnesses, and evidence
(a)
(b)
(1) subpoena witnesses and evidence; and
(2) authorize a party to use depositions, written interrogatories, and discovery procedures that, to the extent practicable, conform to the Federal Rules of Civil Procedure (28 App. U.S.C.).
(c)
(d)
(1) after notice and opportunity for a hearing, suspend tariffs and service contracts of a common carrier or the common carrier's right to use tariffs of conferences and service contracts of agreements of which it is a member; or
(2) assess a civil penalty of not more than $5,000 for each day that the information is not provided.
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 42104(a) | 46 App.:876(f)(1)–(3). | June 5, 1920, ch. 250, §19(f), (g); as added |
| 42104(b) | 46 App.:876(g)(1), (2). | |
| 42104(c) | 46 App.:876(g)(3). | |
| 42104(d) | 46 App.:876(f)(4), (g)(4). | |
| 42104(e) | 46 App.:876(g)(5). |
In subsections (a) and (b), the words "In carrying out" are substituted for "In furtherance of the purposes of" and "In proceedings under" for clarity and consistency.
In subsection (b)(1), the words "subpoena witnesses and evidence" are substituted for "by subpoena compel the attendance of witnesses and the production of books, papers, documents, and other evidence" for consistency in the revised title and to eliminate unnecessary words.
In subsection (b)(2), the words "conform to the Federal Rules of Civil Procedure (28 App. U.S.C.)" are substituted for "are in conformity with the rules applicable in civil proceedings in the district courts of the United States" for clarity.
In subsection (d)(2), the penalties from 46 App. U.S.C. 876(f)(4) and (g)(4)(B) are combined because they are redundant.
In subsection (e), the words "by an appropriate injunction or other process, mandatory or otherwise" are omitted as unnecessary.
§42105. Disclosure to public
Notwithstanding any other provision of law, the Federal Maritime Commission may refuse to disclose to the public a response or other information submitted to it under this chapter.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 42105 | 46 App.:876(h). | June 5, 1920, ch. 250, §19(h); as added |
§42106. Other actions to remedy unfavorable conditions
If the Federal Maritime Commission finds that conditions unfavorable to shipping in foreign trade as described in
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 42106 | 46 App.:876(i). | June 5, 1920, ch. 250, §19(i); as added |
§42107. Refusal of clearance and entry
At the request of the Federal Maritime Commission—
(1) the Secretary of Homeland Security shall—
(A) refuse the clearance required by
(B) collect any fees imposed by the Commission under
(2) the Secretary of the department in which the Coast Guard is operating shall—
(A) deny entry, for purposes of oceanborne trade, of a vessel of a country that is named in a regulation prescribed by the Commission under
(B) detain the vessel at the port or place in the United States from which it is about to depart for another port or place in the United States.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 42107 | 46 App.:876(j). | June 5, 1920, ch. 250, §19(j); as added |
In paragraph (1), the words "Secretary of Homeland Security" are substituted for "collector of customs at the port or place of destination in the United States" because the functions of the Customs Service and of the Secretary of the Treasury relating thereto were transferred to the Secretary of Homeland Security by section 403(1) of the Homeland Security Act of 2002 (
§42108. Penalty for operating under suspended tariff or service contract
A common carrier that accepts or handles cargo for carriage under a tariff or service contract that has been suspended under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 42108 | 46 App.:876(k). | June 5, 1920, ch. 250, §19(k); as added |
§42109. Consultation with other agencies
The Federal Maritime 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 this chapter.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 42109 | 46 App.:876(l). | June 5, 1920, ch. 250, §19(l); as added |