46-U.S.C.-42101

46-U.S.C.-42101

§42101 – Regulations of The Commission

Pathway

Title 46 > Subtitle IV > Part B > Chapter 421 > Section 42101

Details

  • Reference: Section 42101
  • Legend: §42101 – Regulations of The Commission
  • USCode Year: 2013

Provision Content

(a) Unfavorable Conditions.—To further the objectives and policy set forth in section 50101 of this title, the Federal Maritime Commission shall prescribe regulations affecting shipping in foreign trade, not in conflict with law, to adjust or meet general or special conditions unfavorable to shipping in foreign trade, whether in a particular trade or on a particular route or in commerce generally, including intermodal movements, terminal operations, cargo solicitation, agency services, ocean transportation intermediary services and operations, and other activities and services integral to transportation systems, and which arise out of or result from laws or regulations of a foreign country or competitive methods, pricing practices, or other practices employed by owners, operators, agents, or masters of vessels of a foreign country.

(b) Initiation of Regulation.—A regulation under subsection (a) may be initiated by the Commission on its own motion or on the petition of any person, including another component of the United States Government.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1548.)

Historical and Revision Notes
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), 41 Stat. 995; Ex. Ord. No. 6166, §12, eff. June 10, 1933; June 29, 1936, ch. 858, title II, §204, title IX, §904, 49 Stat. 1987, 2016; Pub. L. 97–31, §12(46), Aug. 6, 1981, 95 Stat. 157; Pub. L. 101–595, title I, §103, Nov. 16, 1990, 104 Stat. 2979; Pub. L. 102–587, title VI, §6205(b), Nov. 4, 1992, 106 Stat. 5094; Pub. L. 105–258, title III, §301, Oct. 14, 1998, 112 Stat. 1915.
  46 App.:1710a(h) (related to 876(a)(2)). Pub. L. 100–418, title X, §10002(h) (related to §19(b)(1)(b)), Aug. 23, 1988, 102 Stat. 1572; Pub. L. 105–258, title I, §111(7), Oct. 14, 1998, 112 Stat. 1911.
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.

U.S. Encyclopedia of Law Coverage

46-U.S.C.-41105 in the Legal Encyclopedia: Shipping

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46-U.S.C.-41304 in the Legal Encyclopedia: Regulation of Ocean Shipping

In this entry about 46-U.S.C.-41304, find legal reference material, bibliographies and premiere content related to regulation of ocean shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States regulation of ocean shipping-specific issues, written by authorities in the field.

36-U.S.C.-22109 in the Legal Encyclopedia: International Law

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