Collapse to view only § 58109. Penalties
- § 58101. Operating in domestic intercoastal or coastwise service
- § 58102. Default on payment or maintenance of reserves
- § 58103. Employing another person as managing or operating agent
- § 58104. Willful violation constitutes breach of contract or charter
- § 58105. Preferences for cargo in which charterer has interest
- § 58106. Concerted discriminatory activities
- § 58107. Discrimination at ports by water common carriers
- § 58108. Charges for transportation subject to subtitle IV of title 49
- § 58109. Penalties
§ 58101. Operating in domestic intercoastal or coastwise service
(a)Prohibition.—A subsidy may not be awarded or paid to a contractor under the operating-differential subsidy program, and a vessel may not be chartered to a person under chapter 575 of this title, if the contractor or charterer, or a holding company, subsidiary, affiliate, or associate of the contractor or charterer, or an officer, director, agent, or executive thereof, directly or indirectly—
(1) owns, charters, or operates a vessel engaged in the domestic intercoastal or coastwise service; or
(2) owns a pecuniary interest in a person that owns, charters, or operates a vessel in the domestic intercoastal or coastwise service.
(b)Waiver.—A person may apply to the Secretary of Transportation for a waiver of subsection (a). Before deciding on the waiver, the Secretary shall give the applicant and other interested persons an opportunity for a hearing. The Secretary may not grant the waiver if the Secretary finds it would—
(1) result in unfair competition to a person operating exclusively in the domestic intercoastal or coastwise service; or
(2) be prejudicial to the objectives and policy of this subtitle.
(c)Continuous Operation Since 1935.—The Secretary shall grant an application under subsection (b) without requiring further proof that the public interest and convenience will be served and without further proceedings as to the competition in the route or trade, if the contractor or other person, or a predecessor in interest, was in bona-fide operation as a common carrier by water in the domestic intercoastal or coastwise trade in 1935 over the route or in the trade for which the application is made and has so operated since that time or, if engaged in furnishing seasonal service only, was in bona-fide operation in 1935 during the season ordinarily covered by its operation, except in either event as to interruptions of service over which the applicant or its predecessor in interest had no control.
(d)Diversion Into Intercoastal or Coastwise Operations.—If an application under subsection (b) is approved, a person referred to in this section may not divert, directly or indirectly, money, property, or any other thing of value, used in a foreign-trade operation for which a subsidy is paid by the United States Government, into intercoastal or coastwise operations.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1670.)
§ 58102. Default on payment or maintenance of reserves
The Secretary of Transportation may supervise the number and compensation of all officers and employees of a contractor under the operating-differential subsidy program or a charterer under chapter 575 of this title, receiving an operating-differential subsidy, if the contractor or charterer—
(1) is in default on a mortgage, note, purchase contract, or other obligation to the Secretary; or
(2) has not maintained, in a manner satisfactory to the Secretary, all of the reserves provided for in this subtitle.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1671.)
§ 58103. Employing another person as managing or operating agent
(a)Prohibition.—Except with the written consent of the Secretary of Transportation, a contractor holding a contract under the operating-differential subsidy program or under chapter 575 of this title may not—
(1) employ another person as the managing or operating agent of the operator; or
(2) charter a vessel, on which an operating-differential subsidy is to be paid, for operation by another person.
(b)Applicability of Provisions to Charterer.—If a charter prohibited by this section is made, the person operating the chartered vessel is subject to all the provisions of this subtitle and the operating-differential subsidy program, including limitations of profits and salaries.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1671.)
§ 58104. Willful violation constitutes breach of contract or charter
A willful violation of any provision of sections 58101–58103 of this title constitutes a breach of the contract or charter. On determining that a violation has occurred, the Secretary of Transportation may declare the contract or charter rescinded.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1672.)
§ 58105. Preferences for cargo in which charterer has interest
A contractor receiving an operating-differential subsidy, or a charterer under chapter 575 of this title, may not unjustly discriminate in any manner so as to give preference, directly or indirectly, to cargo in which the contractor or charterer has a direct or indirect ownership, purchase, or vending interest.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1672.)
§ 58106. Concerted discriminatory activities
(a)Prohibition.—A contractor receiving an operating-differential subsidy, or a charterer under chapter 575 of this title, may not continue as a party to or conform to an agreement with another carrier by water, or engage in a practice in concert with another carrier by water, that is unjustly discriminatory or unfair to any other citizen of the United States operating a common carrier by water employing only vessels documented under the laws of the United States on an established trade route from and to a United States port.
(b)Government Payment Prohibited.—No payment or subsidy of any kind may be paid, directly or indirectly, out of funds of the United States Government to a contractor or charterer that has violated subsection (a).
(c)Civil Action.—A person whose business or property is injured by a violation of subsection (a) may bring a civil action in the district court of the United States for the district in which the defendant resides, is found, or has an agent. If the person prevails, the person shall be awarded—
(1) 3 times the damages; and
(2) costs, including reasonable attorney fees.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1672.)
§ 58107. Discrimination at ports by water common carriers
(a)Prohibition.—A common carrier by water may not, directly or indirectly, through an agreement, conference, association, understanding, or otherwise, prevent or attempt to prevent any other common carrier by water from serving any port described in subsection (b) at the same rates the first carrier charges at the nearest port already regularly served by it.
(b)Ports.—A port referred to in subsection (a) is one that is—
(1) designed for the accommodation of ocean-going vessels;
(2) located on an improvement project authorized by law or by a Federal agency; and
(3) located within the continental limits of the United States.
(c)Other Authority Not Limited.—This section does not limit the authority otherwise vested in the Secretary of Transportation and the Federal Maritime Commission.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1672.)
§ 58108. Charges for transportation subject to subtitle IV of title 49
(a)Prohibition.—A carrier may not charge, collect, or receive for transportation subject to subtitle IV of title 49 of persons or property, under any joint rate, fare, or charge, or under any export, import, or other proportional rate, fare, or charge, that is based in whole or in part on the fact that the persons or property affected are to be transported to, or have been transported from, a port in a territory or possession of the United States or in a foreign country, by a carrier by water in foreign commerce, any lower rate, fare, or charge than the carrier charges, collects, or receives for the transportation of persons or similar property for the same distance, in the same direction, and over the same route, in commerce wholly within the United States, unless the vessel used for the transportation is or was at the time of the transportation documented under the laws of the United States.
(b)Suspension of Prohibition.—Whenever the Secretary of Transportation believes that adequate shipping facilities to or from any port in a territory or possession of the United States or a foreign country are not being provided by vessels documented under the laws of the United States, the Secretary shall certify this fact to the Surface Transportation Board. On receiving the certification, the Board may by order suspend the operation of subsection (a) with respect to the rates, fares, and charges for the transportation by rail of persons and property transported from or to be transported to those ports, for such time and under such terms and conditions as the Secretary may specify in the order or in any supplemental order.
(c)Termination of Suspension.—Whenever the Secretary believes that adequate shipping facilities are being provided to those ports by vessels documented under the laws of the United States, and certifies that fact to the Board, the Board may order the termination of the suspension.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1673.)
§ 58109. Penalties
(a)Individuals.—An individual convicted of violating section 58101(d), 58103, or 58105 of this title shall be fined under title 18, imprisoned for at least one year but not more than 5 years, or both.
(b)Organizations.—An organization convicted of committing an act prohibited by this subtitle shall be fined under title 18.
(c)Ineligibility To Receive Benefits.—An individual or organization convicted of violating a section referred to in subsection (a) is ineligible, at the discretion of the Secretary of Transportation, to receive any benefit under the construction-differential subsidy or operating-differential subsidy programs, or a charter under chapter 575 of this title, for 5 years after the conviction.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1673.)