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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 46 U.S.C. § 58108 Charges for transportation subject to subtitle IV of title 49 us united_states_code code_section 46 SHIPPING 581 RESTRICTIONS AND PENALTIES 58108 46 U.S.C. § 58108 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc46@119-100.zip /us/usc/t46/s58108 data/legal/raw/us/code/title-46/usc46.xml d22cc803235bda272b8b1e2b3c42ae9127d61c5b107750ce5a874d6a4b0c8305 eb1331aa3c08ed87231a3606d86b30d1b5942cdf8542f6a3df8ac1d66e86057f 67118c1f137242e96802e336c462a0a841e27d4995580df6264973b95661566b 2026-07-04 official
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46 U.S.C. § 58108 - Charges for transportation subject to subtitle IV of title 49

Text

(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. 109304, § 8(c), Oct. 6, 2006, 120 Stat. 1673.)

Notes

Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5810846 App.:884.June 5, 1920, ch. 250, § 28, 41 Stat. 999; Ex. Ord. No. 6166, § 12, eff. June 10, 1933; June 29, 1936, ch. 858, §§ 204, 904, 49 Stat. 1987, 2016; Pub. L. 9731, § 12(50), Aug. 6, 1981, 95 Stat. 157; Pub. L. 10488, title III, § 321(3), Dec. 29, 1995, 109 Stat. 950. The words “territory or possession” are substituted for “possession or dependency” for consistency in the revised title.