Sec. 4708. Common carriers
267 words·~1 min read·
/bill/115/hr/5515/pcs/section-4708·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 41104 of title 46, United States Code, is amended— in the matter preceding paragraph (1), by inserting
(a)before In general .— A common carrier ; in subsection (a), as designated— by amending paragraph
(11)to read as follows: knowingly and willfully accept cargo from or transport cargo for the account of a non-vessel-operating common carrier that does not have a tariff as required by section 40501 of this title, or an ocean transportation intermediary that does not have a bond, insurance, or other surety as required by section 40902 of this title; ; in paragraph (12), by striking the period at the end and inserting ; or ; and by adding at the end the following: continue to participate simultaneously in a rate discussion agreement and an agreement to share vessels, in the same trade, if the interplay of the authorities exercised by the specified agreements is likely, by a reduction in competition, to produce an unreasonable reduction in transportation service or an unreasonable increase in transportation cost. ; and by adding at the end the following: Notwithstanding any other provision of law, there is no private right of action to enforce the prohibition under subsection (a)(13). Participants in an agreement found by the Commission to violate subsection (a)(13) shall have 90 days from the date of such Commission finding to withdraw from the agreement as necessary to comply with that subsection. . 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.