Page:United States Statutes at Large Volume 104 Part 4.djvu/681

 PUBLIC LAW 101-595—NOV. 16, 1990 104 STAT. 2997 (b) BONDING OF NON-VESSEL-OPERATING COMMON CARRIERS.—The Shipping Act of 1984 (46 App. U.S.C. 1701 et seq.) is amended by adding at the end the following new section: "SEC. 23. BONDING OF NON-VESSEL-OPERATING COMMON CARRIERS. 46 USC app. 1721 "(a) BOND.—Each non-vessel-operating common carrier shall furnish to the Commission a bond in a form and an amount determined by the Commission to be satisfactory to insure the financial responsibility of that carrier, but in any event not less than $50,000. "(b) SURETY. — A bond submitted pursuant to this section shall be issued by a surety company found acceptable by the Secretary of the Treasury. "(c) CLAIMS AGAINST BOND.—A bond obtained pursuant to this section shall be available to pay any judgment for damages against a non-vessel-operating common carrier arising from its transportation-related activities or order for reparations issued pursuant to section 11 of this Act or any penalty assessed against a non-vesseloperating carrier pursuant to section 13 of this Act. "(d) RESIDENT AGENT.— A non-vessel-operating common carrier not domiciled in the United States shall designate a resident agent in the United States for receipt of service of judicial and administrative process, including subpoenas. "(e) TARIFFS.— The Commission may suspend or cancel any or all tariffs of a non-vessel-operating common carrier for failure to maintain the bond required by subsection (a) of this section or to designate an Eigent as required by subsection (d) of this section or for a violation of section 10(a)(1) of this Act.". (c) PROHIBITED ACTS.—Section 10(b) of the Shipping Act of 1984 (46 App. U.S.C. 17090))) is amended— (1) by striking "or" at the end of paragraph (13); (2) by redesignating paragraph (14) and any reference thereto as paragraph (16); and (3) by inserting immediately after paragraph (13) the following new paragraphs: "(14) 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 and a bond as required by sections 8 and 23 of this Act; "(15) knowingly and willfully enter into a service contract with a non-vessel-operating common carrier or in which a nonvessel-operating common carrier is listed as an affiliate that does not have a tariff and a bond as required by sections 8 and 23ofthisAct;or". (d) INTERIM RULES. — The Commission may prescribe interim rules 46 USC app. and regulations necessary to carry out the amendments made by ^^^^ "°*®- this section. (e) EFFECTIVE DATE. —This section shall become effective 90 days 46 USC app. after the date of its enactment. ^''^ »ote. (f) CONFORMING AMENDMENT. —The table of contents in the first section of the Shipping Act of 1984 is amended by adding at the end the following entry: "Sec. 23. Bonding of non-vessel-operating common carriers.". SEC. 711. TECHNICAL CORRECTION. Section 8103 of title 46, United States Code is amended in subsection (i) by striking "Naturalization" and inserting "Nationality".

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