Sec. 180008. Prohibition on unreasonably declining cargo
254 words·~1 min read·
/bill/117/hr/4521/pcs/section-180008A 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 subsection (a)— by striking paragraph
(3)and inserting the following: engage in practices that unreasonably reduce shipper accessibility to equipment necessary for the loading or unloading of cargo; ; in paragraph
(12)by striking ; or and inserting a semicolon; in paragraph
(13)by striking the period and inserting a semicolon; and by adding at the end the following: fail to furnish or cause a contractor to fail to furnish containers or other facilities and instrumentalities needed to perform transportation services, including allocation of vessel space accommodations, in consideration of reasonably foreseeable import and export demands; or unreasonably decline export cargo bookings if such cargo can be loaded safely and timely, as determined by the Commandant of the Coast Guard, and carried on a vessel scheduled for the immediate destination of such cargo. . Not later than 90 days after the date of enactment of this Act, the Commission shall initiate a rulemaking proceeding to define the term unreasonably decline for the purposes of subsection (a)(15) of section 41104 of title 46, United States Code (as added by subsection (a)). The rulemaking under paragraph
(1)shall address the unreasonableness of ocean common carriers prioritizing the shipment of empty containers while excluding, limiting, or otherwise reducing the shipment of full, loaded containers when such containers are readily available to be shipped and the appurtenant vessel has the weight and space capacity available to carry such containers if loaded in a safe and timely manner.