What US Shipping Act of 1984 (46 USC ch 401): Ocean Carrier Agreements, Tariffs and FMC Regulation requires
The Shipping Act of 1984 (46 U.S.C. ch. 401 and related chapters) regulates the ocean liner shipping trades to and from the United States, administered by the Federal Maritime Commission (FMC). Section 40101 states the purposes, including establishing a nondiscriminatory regulatory process for the common carriage of goods by water in the foreign commerce of the United States with a minimum of government intervention. Section 40102 supplies the definitions, including ocean common carrier, marine terminal operator and service contract. Section 40103 provides for administrative exemptions and section 40104 for reports filed with the Commission. The Act regulates competition among carriers: section 40301 governs agreements among ocean common carriers and marine terminal operators (which, when filed and effective, are granted limited antitrust immunity). Section 40501 governs the publication of tariffs and the use of service contracts. The prohibited-practices provisions are central to enforcement: section 41102 prohibits unjust and unreasonable practices and the failure to establish and observe just and reasonable regulations, and section 41104 prohibits specified acts by common carriers, including unreasonable refusals to deal and undue preference. The FMC enforces these provisions and may impose civil penalties. The Act is the legal foundation of US ocean-shipping regulation and the FMC's oversight of carrier conduct.
Pillar: Maritime & Shipping · Authority: US Congress / Federal Maritime Commission (FMC) · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title46/html/USCODE-2022-title46-subtitleIV-partA-chap401.htm
SHA-256 integrity: 51f4a8b8c171b2bdb5a30ed67c4850224c5769a7caa907a38aad9c1550d10ceb
Primary Citations — 8 traced to source
- Shipping Act of 1984, 46 U.S.C. 40101 - purposes.
- Shipping Act of 1984, 46 U.S.C. 40102 - definitions.
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