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NOTES:


Source

(June 5, 1920, ch. 250, § 19, 41 Stat. 995; Ex. Ord. No. 6166, § 12, eff. June 10, 1933; June 29, 1936, ch. 858, title II, § 204, title IX, § 904, 49 Stat. 1987, 2016; Pub. L. 97–31, § 12(46), Aug. 6, 1981, 95 Stat. 157; Pub. L. 101–595, title I, § 103, Nov. 16, 1990, 104 Stat. 2979; Pub. L. 102–587, title VI, § 6205(b), Nov. 4, 1992, 106 Stat. 5094; Pub. L. 105–258, title III, § 301, Oct. 14, 1998, 112 Stat. 1915.)

References in Text

This Act, referred to in subsec. (a), means act June 5, 1920, ch. 250, 41 Stat. 988, as amended, known as the Merchant Marine Act, 1920, which (except for sections repealed or reenacted in Title 46, Shipping) is classified principally to this chapter. For complete classification of this Act to the Code, see section 889 of this Appendix and Tables.

Amendments

1998—Subsec. (a). Pub. L. 105–258, § 301(a)(1)–(3), (b)(1), (2), redesignated par. (1) as subsec. (a) and former subdivs. (a) to (c) as pars. (1) to (3), respectively, and, in par. (2) as redesignated, struck out “forwarding and” before “agency services” and substituted “ocean transportation intermediary services and operations,” for “non-vessel-operating common carrier operations,” and “methods, pricing practices, or other practices” for “methods or practices”.
Subsec. (b). Pub. L. 105–258, § 301(b)(1), redesignated par. (2) as subsec. (b).
Subsec. (c). Pub. L. 105–258, § 301(b)(1), (8), (9), redesignated par. (3) as subsec. (c) and substituted “subsection (a)(3)” for “subdivision (c) of paragraph (1)” and “subsection (b)” for “paragraph (2)”.
Subsec. (d). Pub. L. 105–258, § 301(b)(1), redesignated par. (4) as subsec. (d).
Subsec. (e). Pub. L. 105–258, § 301(a)(7), (b)(1), (10), redesignated par. (5) as subsec. (e), substituted “transportation intermediary,” for “freight forwarder,”, and substituted “subsection (a)(2)” for “paragraph (1)(b)” in two places.
Subsec. (f). Pub. L. 105–258, § 301(b)(1), (10), redesignated par. (6) as subsec. (f) and substituted “subsection (a)(2)” for “paragraph (1)(b)” in introductory provisions.
Subsec. (f)(1). Pub. L. 105–258, § 301(a)(7), (b)(3), redesignated subd. (a) as par. (1) and substituted “transportation intermediary,” for “freight forwarder,”.
Subsec. (f)(2) to (4). Pub. L. 105–258, § 301(b)(3), redesignated subds. (b) to (d) as pars. (2) to (4), respectively.
Subsec. (g). Pub. L. 105–258, § 301(b)(1), (10), redesignated par. (7) as subsec. (g) and substituted “subsection (a)(2)” for “paragraph (1)(b)” in introductory provisions.
Subsec. (g)(1) to (3). Pub. L. 105–258, § 301(b)(4), redesignated subds. (a) to (c) as pars. (1) to (3), respectively.
Subsec. (g)(4). Pub. L. 105–258, § 301(b)(4), (11), redesignated subd. (d) as par. (4) and substituted “paragraph (2),” for “subdivision (b),” in introductory provisions.
Subsec. (g)(4)(A). Pub. L. 105–258, § 301(a)(4), (5), (b)(5), redesignated cl. (i) as subpar. (A) and substituted “tariffs and service contracts of a common carrier” for “tariffs of a common carrier” and “use tariffs of conferences and service contracts of agreements” for “use the tariffs of conferences”.
Subsec. (g)(4)(B). Pub. L. 105–258, § 301(b)(5), redesignated cl. (ii) as subpar. (B).
Subsec. (g)(5). Pub. L. 105–258, § 301(b)(4), redesignated subd. (e) as par. (5).
Subsec. (h). Pub. L. 105–258, § 301(b)(1), redesignated par. (8) as subsec. (h).
Subsec. (i). Pub. L. 105–258, § 301(b)(1), (10), redesignated par. (9) as subsec. (i) and substituted “subsection (a)(2)” for “paragraph (1)(b)” in introductory provisions.
Subsec. (i)(1). Pub. L. 105–258, § 301(b)(6), redesignated subd. (a) as par. (1).
Subsec. (i)(2). Pub. L. 105–258, § 301(a)(6), (b)(6), redesignated subd. (b) as par. (2) and substituted “tariffs and service contracts” for “tariffs filed with the Commission”.
Pub. L. 105–258, § 301(a)(5), which directed amendment of par. (2) by substituting “use tariffs of conferences and service contracts of agreements” for “use the tariffs of conferences”, was executed by making the substitution for “use tariffs of conferences”, to reflect the probable intent of Congress.
Subsec. (i)(3) to (5). Pub. L. 105–258, § 301(b)(6), redesignated subds. (c) to (e) as pars. (3) to (5), respectively.
Subsec. (j). Pub. L. 105–258, § 301(b)(1), redesignated par. (10) as subsec. (j).
Subsec. (j)(1). Pub. L. 105–258, § 301(b)(7), (10), (12), redesignated subd. (a) as par. (1) and substituted “subsection (a)(2)” for “paragraph (1)(b)” and “subsection (i)(4)” for “paragraph (9)(d)”.
Subsec. (j)(2). Pub. L. 105–258, § 301(b)(7), (10), redesignated subd. (b) as par. (2) and substituted “subsection (a)(2)” for “paragraph (1)(b)”.
Subsec. (k). Pub. L. 105–258, § 301(a)(8), (b)(1), (13), redesignated par. (11) as subsec. (k), substituted “subsection (g)(4) or (i)(2)” for “paragraph (7)(d) or (9)(b)”, and substituted “tariff or service contract” for “tariff” wherever appearing.
Subsec. (l). Pub. L. 105–258, § 301(b)(1), redesignated par. (12) as subsec. (l).
1992—Par. (1)(b). Pub. L. 102–587, § 6205(b)(1), substituted “systems” for “sysetms” after “integral to transportation”.
Par. (7)(d). Pub. L. 102–587, § 6205(b)(2), substituted “under subdivision (b)” for “in proceedings under paragraph (1)(b)(7) of this section”.
1990—Par. (1)(b). Pub. L. 101–595, § 103(1), inserted “including intermodal movements, terminal operations, cargo solicitation, forwarding and agency services, non-vessel-operating common carrier operations, and other activities and services integral to transportation sysetms,” after “generally,”.
Pars. (5) to (12). Pub. L. 101–595, § 103(2), added pars. (5) to (12).
1981—Par. (1). Pub. L. 97–31 substituted “Secretary of Transportation” for “Commission”, and added after subsec. (a) an undesignated paragraph respecting authority of Federal Maritime Commission. For prior transfers of functions, see Transfer of Functions note below.

Effective Date of 1998 Amendment

Amendments by Pub. L. 105–258 effective May 1, 1999, see section 2 of Pub. L. 105–258, set out as a note under section 1701 of this Appendix.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468 (b), 551 (d), 552 (d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
“Commission”, meaning United States Maritime Commission, substituted in text for “board”, meaning United States Shipping Board. For dissolution of Board and transfer of functions to United States Maritime Commission, see Ex. Ord. No. 6166 and act June 29, 1936. Ex. Ord. No. 6166 is set out as a note under section 901 of Title 5, Government Organization and Employees. For subsequent transfers of functions, see Reorg. Plan No. 6 of 1949, Reorg. Plan No. 21 of 1950, and Reorg. Plan No. 7 of 1961, set out under section 1111 of this Appendix.
Functions of Public Health Service and of all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out in the Appendix to Title 5. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96–88, which is classified to section 3508 (b) of Title 20, Education.
All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished with such offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.
Steamboat Inspection Service consolidated in Bureau of Marine Inspection and Navigation which was later abolished. Functions relating to inspection of vessels now vested in Commandant of the Coast Guard. See note preceding section 3 of this Appendix.

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