Sec. 7. Common carriers
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Section 41104 of title 46, United States Code, is amended— in subsection (a)— in the matter preceding paragraph (1), by striking may not and inserting shall not ; by striking paragraph
(3)and inserting the following: with due regard being given to the proper loading of the vessel and the available tonnage, refuse cargo space accommodations when available, or resort to other unfair or unjustly discriminatory methods; ; in paragraph (5), by striking in the matter of rates or charges and inserting against any commodity group or type of shipment or in the matter of rates or charges ; in paragraph (9), by inserting against any commodity group or type of shipment or in the matter of rates or charges after disadvantage ; in paragraph (10), by adding , including with respect to vessel space accommodations after negotiate ; 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: assess any party for a charge that is inconsistent or does not comply with all applicable provisions of part 545 of title 46, Code of Federal Regulations (or successor regulations); or invoice any party for demurrage or detention charges, unless accompanied by an accurate certification that such charges comply with— all provisions of part 545 of title 46, Code of Federal Regulations (or successor regulations); and the findings of the final rule published on May 18, 2020, entitled Interpretive Rule on Demurrage and Detention Under the Shipping Act (85 Fed. Reg. 29638). ; and by adding at the end the following: If the Commission determines, after an investigation in response to a submission under section 41310, that a certification under subsection (a)(15) was inaccurate or false, penalties under section 41107 shall be applied. Failure to include a certification under subsection (a)(15) alongside any demurrage or detention charge shall eliminate any obligation of the charged party to pay the applicable charge. . Not later than 1 year after the date of enactment of this Act, the Federal Maritime Commission shall issue rulemaking further defining prohibited practices by common carriers, marine terminal operators, shippers, and ocean transportation intermediaries under section 41102(c) of title 46, United States Code, regarding the assessment of demurrage or detention charges. The rulemaking under paragraph
(1)shall seek to further clarify reasonable rules and practices related to the assessment of detention and demurrage charges to address the issues identified in the final rule published on May 18, 2020, titled Interpretive Rule on Demurrage and Detention Under the Shipping Act (85 Fed. Reg. 29638), including a determination of which parties may be appropriately billed for any demurrage, detention, or other similar per container charges. Not later than 1 year after the date of enactment of this Act, the Federal Maritime Commission shall issue rulemaking defining unfair or unjustly discriminatory methods under section 41104(a)(3) of title 46, as amended by this section. Not later than 1 year after the date of enactment of this Act, the Federal Maritime Commission shall issue 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.
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- 85 FR 29638
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Sec. 7
Common carriers
Fed. Reg.85 FR 29638
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