Page:United States Statutes at Large Volume 120.djvu/1582

 PUBLIC LAW 109–304—OCT. 6, 2006

120 STAT. 1551

‘‘§ 42107. Refusal of clearance and entry ‘‘At the request of the Federal Maritime Commission— ‘‘(1) the Secretary of Homeland Security shall— ‘‘(A) refuse the clearance required by section 60105 of this title to a vessel of a country that is named in a regulation prescribed by the Commission under section 42101 of this title; and ‘‘(B) collect any fees imposed by the Commission under section 42106(4) of this title; and ‘‘(2) the Secretary of the department in which the Coast Guard is operating shall— ‘‘(A) deny entry, for purposes of oceanborne trade, of a vessel of a country that is named in a regulation prescribed by the Commission under section 42101 of this title, to a port or place in the United States or the navigable waters of the United States; or ‘‘(B) detain the vessel at the port or place in the United States from which it is about to depart for another port or place in the United States. ‘‘§ 42108. Penalty for operating under suspended tariff or service contract ‘‘A common carrier that accepts or handles cargo for carriage under a tariff or service contract that has been suspended under section 42104(d)(1) or 42106(2) of this title, or after its right to use another tariff or service contract has been suspended under those provisions, is liable to the United States Government for a civil penalty of not more than $50,000 for each day that it is found to be operating under a suspended tariff or service contract. ‘‘§ 42109. Consultation with other agencies ‘‘The Federal Maritime Commission may consult with, seek the cooperation of, or make recommendations to other appropriate agencies of the United States Government prior to taking any action under this chapter. ‘‘CHAPTER 423—FOREIGN SHIPPING PRACTICES ‘‘Sec. ‘‘42301. ‘‘42302. ‘‘42303. ‘‘42304. ‘‘42305. ‘‘42306. ‘‘42307.

Definitions. Investigations. Information requests. Action against foreign carriers. Refusal of clearance and entry. Submission of determinations to President. Review of regulations and orders.

‘‘§ 42301. Definitions ‘‘(a) DEFINED IN PART A.—In this chapter, the terms ‘common carrier’, ‘marine terminal operator’, ‘ocean common carrier’, ‘ocean transportation intermediary’, ‘shipper’, and ‘shippers’ association’ have the meaning given those terms in section 40102 of this title. ‘‘(b) OTHER DEFINITIONS.—In this chapter: ‘‘(1) FOREIGN CARRIER.—The term ‘foreign carrier’ means an ocean common carrier a majority of whose vessels are documented under the laws of a foreign country. ‘‘(2) MARITIME SERVICES.—The term ‘maritime services’ means port-to-port transportation of cargo by vessels operated by an ocean common carrier.

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