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46 U.S.C. § 58107Discrimination at ports by water common carriers

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 129 words · no verdicts yet

in plain englishAI-generated · not legal advice

A water carrier cannot team up to block another carrier from serving certain ports. That protection covers ports built for ocean vessels on an authorized federal project inside the U.S. This rule does not limit other powers of the Secretary or the Federal Maritime Commission.

(a) Prohibition. A common carrier by water may not, directly or indirectly — through an agreement, conference, association, understanding, or any other means — prevent or try to prevent another common carrier by water from serving a port described in subsection (b), if that other carrier charges the same rate it charges at the nearest port it already regularly serves. (b) Ports. A port covered by subsection (a) is one that is: (1) built to handle ocean-going vessels; (2) part of an improvement project authorized by law or a federal agency; and (3) located within the continental United States. (c) Other Authority Not Limited. This section does not limit any other authority already given to the Secretary of Transportation and the Federal Maritime Commission.
the actual law source: uscode.house.gov ↗public domain
(a)Prohibition.—

A common carrier by water may not, directly or indirectly, through an agreement, conference, association, understanding, or otherwise, prevent or attempt to prevent any other common carrier by water from serving any port described in subsection (b) at the same rates the first carrier charges at the nearest port already regularly served by it.

(b)Ports.—

A port referred to in subsection (a) is one that is—

(1)

designed for the accommodation of ocean-going vessels;

(2)

located on an improvement project authorized by law or by a Federal agency; and

(3)

located within the continental limits of the United States.

(c)Other Authority Not Limited.—

This section does not limit the authority otherwise vested in the Secretary of Transportation and the Federal Maritime Commission.

Source credit: (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1672.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-304 · 120 Stat. 1672

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.

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