Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

41104

46 App.:1709(b) (1)–(12).

Pub. L. 98–237, § 10(b)(1)–(12), Mar. 20, 1984, 98 Stat. 77; Pub. L. 101–595, title VII, § 710(c), Nov. 16, 1990, 104 Stat. 2997; Pub. L. 102–251, title II, § 201(b), Mar. 9, 1992, 106 Stat. 60; Pub. L. 105–258, title I, § 109(a), Oct. 14, 1998, 112 Stat. 1909; Pub. L. 105–383, title IV, § 424(b), Nov. 13, 1998, 112 Stat. 3441.

Editorial Notes
Amendments

2022—Subsec. (a). Pub. L. 117–146, § 7(a)(1)(A), substituted “shall not” for “may not” in introductory provisions.

Subsec. (a)(3). Pub. L. 117–146, § 7(a)(1)(B), added par. (3) and struck out former par. (3) which read as follows: “retaliate against a shipper by refusing, or threatening to refuse, cargo space accommodations when available, or resort to other unfair or unjustly discriminatory methods because the shipper has patronized another carrier, or has filed a complaint, or for any other reason;”.

Subsec. (a)(5). Pub. L. 117–146, § 7(a)(1)(C), substituted “against any commodity group or type of shipment or in the matter of rates or charges” for “in the matter of rates or charges”.

Subsec. (a)(10). Pub. L. 117–146, § 7(a)(1)(D), inserted “, including with respect to vessel space accommodations provided by an ocean common carrier” after “negotiate”.

Subsec. (a)(14) to (16). Pub. L. 117–146, § 7(a)(1)(E)–(G), added pars. (14) to (16).

Subsecs. (d) to (f). Pub. L. 117–146, § 7(a)(2), added subsecs. (d) to (f).

2018—Subsec. (a). Pub. L. 115–282, § 708(a)(1), designated existing provisions as subsec. (a) and inserted heading.

Subsec. (a)(11). Pub. L. 115–282, § 708(a)(2)(A), amended par. (11) generally. Prior to amendment, par. (11) read as follows: “knowingly and willfully accept cargo from or transport cargo for the account of an ocean transportation intermediary that does not have a tariff as required by section 40501 of this title and a bond, insurance, or other surety as required by section 40902 of this title; or”.

Subsec. (a)(13). Pub. L. 115–282, § 708(a)(2)(B), (C), added par. (13).

Subsecs. (b), (c). Pub. L. 115–282, § 708(a)(3), added subsecs. (b) and (c).

Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment

Pub. L. 115–282, title VII, § 708(b), Dec. 4, 2018, 132 Stat. 4296, provided that: “Section 41104(a)(13) of title 46, United States Code, as amended, shall apply to any agreement filed or with an effective date before, on, or after the date of enactment of this Act [Dec. 4, 2018].”

Regulations

Pub. L. 117–146, § 7(c), (d), June 16, 2022, 136 Stat. 1276, provided that:

“(c)
Rulemaking on Unfair or Unjustly Discriminatory Methods.—
Not later than 60 days after the date of enactment of this Act [June 16, 2022], the Federal Maritime Commission shall initiate a rulemaking defining unfair or unjustly discriminatory methods under section 41104(a)(3) of title 46, United States Code, as amended by this section. The Federal Maritime Commission shall issue a final rule not later than 1 year after the date of enactment of this Act.
“(d)
Rulemaking on Unreasonable Refusal to Deal or Negotiate With Respect to Vessel Space Accommodations.—
Not later than 30 days after the date of enactment of this Act, the Federal Maritime Commission, in consultation with the Commandant of the United States Coast Guard, shall initiate a rulemaking defining unreasonable refusal to deal or negotiate with respect to vessel space under section 41104(a)(10) of title 46, as amended by this section. The Federal Maritime Commission shall issue a final rule not later than 6 months after the date of enactment of this Act.”