Page:United States Statutes at Large Volume 120.djvu/1571

 120 STAT. 1540

PUBLIC LAW 109–304—OCT. 6, 2006

‘‘41103. ‘‘41104. ‘‘41105. ‘‘41106. ‘‘41107. ‘‘41108. ‘‘41109.

Disclosure of information. Common carriers. Concerted action. Marine terminal operators. Monetary penalties. Additional penalties. Assessment of penalties.

‘‘§ 41101. Joint ventures and consortiums ‘‘In this chapter, a joint venture or consortium of two or more common carriers operating as a single entity is deemed to be a single common carrier. ‘‘§ 41102. General prohibitions ‘‘(a) OBTAINING TRANSPORTATION AT LESS THAN APPLICABLE RATES.—A person may not knowingly and willfully, directly or indirectly, by means of false billing, false classification, false weighing, false report of weight, false measurement, or any other unjust or unfair device or means, obtain or attempt to obtain ocean transportation for property at less than the rates or charges that would otherwise apply. ‘‘(b) OPERATING CONTRARY TO AGREEMENT.—A person may not operate under an agreement required to be filed under section 40302 or 40305 of this title if— ‘‘(1) the agreement has not become effective under section 40304 of this title or has been rejected, disapproved, or canceled; or ‘‘(2) the operation is not in accordance with the terms of the agreement or any modifications to the agreement made by the Federal Maritime Commission. ‘‘(c) PRACTICES IN HANDLING PROPERTY.—A common carrier, marine terminal operator, or ocean transportation intermediary may not fail to establish, observe, and enforce just and reasonable regulations and practices relating to or connected with receiving, handling, storing, or delivering property. ‘‘§ 41103. Disclosure of information ‘‘(a) PROHIBITION.—A common carrier, marine terminal operator, or ocean freight forwarder, either alone or in conjunction with any other person, directly or indirectly, may not knowingly disclose, offer, solicit, or receive any information concerning the nature, kind, quantity, destination, consignee, or routing of any property tendered or delivered to a common carrier, without the consent of the shipper or consignee, if the information— ‘‘(1) may be used to the detriment or prejudice of the shipper, the consignee, or any common carrier; or ‘‘(2) may improperly disclose its business transaction to a competitor. ‘‘(b) EXCEPTIONS.—Subsection (a) does not prevent providing the information— ‘‘(1) in response to legal process; ‘‘(2) to the Federal Maritime Commission or an agency of the United States Government; or ‘‘(3) to an independent neutral body operating within the scope of its authority to fulfill the policing obligations of the parties to an agreement effective under this part. ‘‘(c) DISCLOSURE FOR DETERMINING BREACH OR COMPILING STATISTICS.—An ocean common carrier that is a party to a conference agreement approved under this part, a receiver, trustee,

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