Full Textual content of the Ocean Transport Reform Act of 2021 the Home Simply Handed
It’s mentioned that america Congress can’t work collectively. It’s mentioned that Democrats and Republicans can’t agree on something – that every one they do is battle with one another. If that’s the rule, we’ve simply seen the rule’s exception.
Final week, the Home of Representatives handed the rapidly pushed by way of Ocean Transport Reform Act of 2021. The bipartisan invoice noticed little debate earlier than being overwhelmingly handed and despatched to the Senate.
The invoice addresses main issues of U.S. shippers, resembling refusal of service or transport containers to exporters and unfair demurrage and detention charges. Nonetheless, there are additionally issues from throughout the business in regards to the laws as properly.
I count on a number of blogs sooner or later to be centered round what many are calling a as soon as in a technology rewrite of U.S. transport regulation. However earlier than writing these, I wished to be sure you shippers on the market received a take a look at the regulation.
Beneath are the bullet level provisions Congress offers as an outline of the invoice together with the total textual content of the invoice, which will also be seen at congress.gov.
Handed Home (12/08/2021)
Ocean Transport Reform Act of 2021
This invoice revises provisions associated to ocean transport insurance policies and is designed to help the expansion and growth of U.S. exports and promote reciprocal commerce within the widespread carriage of products by water within the international commerce of america.
Amongst different provisions, the invoice
- units forth necessities for working a transport trade involving ocean transportation within the international commerce of america;
- requires ocean widespread carriers to report back to the Federal Maritime Fee (FMC) every calendar quarter on complete import and export tonnage and the overall loaded and empty 20-foot equal items per vessel that makes port in america;
- requires the FMC to publish and yearly replace all its findings of false certifications by ocean widespread carriers or marine terminal operators and all penalties assessed in opposition to such carriers or operators;
- revises annual reporting necessities for the FMC on international legal guidelines and practices to incorporate practices by ocean widespread carriers;
- prohibits ocean widespread carriers and marine terminal operators from retaliating or discriminating in opposition to shippers as a result of such shippers have patronized one other service, or filed a criticism;
- directs the FMC to determine guidelines prohibiting ocean widespread carriers and marine terminal operators from adopting and making use of unjust and unreasonable demurrage and detention charges;
- authorizes the FMC to provoke investigations of an ocean widespread service’s charges or expenses and apply enforcement measures, as applicable;
- directs the Division of Transportation to hunt to enter into an agrement with the Nationwide Academy of Sciences to review the U.S. provide chain business, together with information constraints that impede the movement of maritime cargo and add to provide chain inefficiencies; and
- offers authority for the FMC to situation an emergency order requiring ocean widespread carriers or marine terminal operators to share instantly with related shippers, rail carriers, or motor carriers data regarding cargo throughput and availability.
| 117th CONGRESS 1st Session |
H. R. 4996
IN THE SENATE OF THE UNITED STATES December 9, 2021
Obtained; learn twice and referred to the Committee on Commerce, Science, and Transportation
AN ACT
To amend title 46, United States Code, with respect to prohibited acts by ocean widespread carriers or marine terminal operators, and for different functions.
Be it enacted by the Senate and Home of Representatives of america of America in Congress assembled,
This Act could also be cited because the “Ocean Transport Reform Act of 2021”.
Part 40101 of title 46, United States Code, is amended by putting paragraphs (2) by way of (4) and inserting the next:
“(2) guarantee an environment friendly and aggressive transportation system for the widespread carriage of products by water within the international commerce of america that’s, so far as doable, in concord with honest and equitable worldwide transport practices;
“(3) encourage the event of a aggressive and environment friendly liner fleet of vessels of america able to assembly nationwide safety and commerce wants of america;
“(4) help the expansion and growth of United States exports by way of a aggressive and environment friendly system for the widespread carriage of products by water within the international commerce of america and by putting a larger reliance on {the marketplace}; and
“(5) promote reciprocal commerce within the widespread carriage of products by water within the international commerce of america.”.
Part 40502 of title 46, United States Code, is amended—
(A) in paragraph (7) by putting “; and” and inserting a semicolon;
(B) in paragraph (8) by putting the interval and inserting “; and”; and
(C) by including on the finish the next:
“(9) some other important phrases or minimal contract necessities that the Federal Maritime Fee determines mandatory or applicable.”; and
(2) by including on the finish the next:
“(g) Service contract requirement.—With respect to service contracts entered into underneath this part, a typical service shall set up, observe, and implement simply and cheap laws and practices regarding important phrases and minimal contract necessities the Fee determines are mandatory or applicable underneath subsection (c)(9).”.
SEC. 4. Transport trade registry.
(a) Usually.—Chapter 405 of title 46, United States Code, is amended by including on the finish the next:
Ҥ 40504. Transport trade registry
“(a) Usually.—No particular person might function a transport trade involving ocean transportation within the international commerce of america until the transport trade is registered as a nationwide transport trade underneath the phrases and situations supplied on this part and the laws issued pursuant to this part.
“(b) Registration.—An individual shall register a transport trade by submitting with the Federal Maritime Fee an software for registration in such kind because the Fee, by rule, might prescribe containing the foundations of the trade and such different data and paperwork because the Fee, by rule, might prescribe as mandatory or applicable within the public curiosity.
“(c) Exemption.—The Fee might exempt, conditionally or unconditionally, a transport trade from registration and licensing underneath this part if the Fee finds that the transport trade is topic to comparable, complete supervision and regulation by the suitable governmental authorities within the house nation of the transport trade.
“(d) Rules.—In issuing laws pursuant to subsection (a), the Fee shall set requirements mandatory to hold out subtitle IV for registered nationwide transport exchanges, together with the minimal necessities for service contracts established underneath part 40502, and situation licenses for registered nationwide transport exchanges.
“(e) Definition.—On this subsection, the time period ‘transport trade’ means a platform, digital, over-the-counter or in any other case, which connects shippers with widespread carriers (each vessel-operating and non-vessel-operating) for the aim of getting into into underlying agreements or contracts for the transport of cargo, by vessel or different modes of transportation.”.
(b) Applicability.—The registration requirement underneath part 40504 of title 46, United States Code (as added by this part), shall take impact on the date on which the Federal Maritime Fee points laws required underneath subsection (d) of such part.
(c) Clerical modification.—The evaluation for chapter 405 of title 46, United States Code, is amended by including on the finish the next:
“40504. Transport trade registry.”.
SEC. 5. Information assortment.
(a) Usually.—Chapter 411 of title 46, United States Code, is amended by including on the finish the next:
Ҥ 41110. Information assortment
“(a) Usually.—Widespread carriers coated underneath this chapter shall undergo the Federal Maritime Fee a calendar quarterly report that describes the overall import and export tonnage and the overall loaded and empty 20-foot equal items per vessel (making port in america, together with any territory or possession of america) operated by such widespread service.
“(b) Prohibition on duplication.—Information required to be reported underneath subsection (a) might not duplicate data—
“(1) submitted to the Corps of Engineers pursuant to part 11 of the Act entitled ‘An Act authorizing the development, restore, and preservation of sure public works on rivers and harbors, and for different functions’, accepted September 22, 1922 (33 U.S.C. 555), by an ocean widespread service performing as a vessel operator; or
“(2) submitted pursuant to part 481 of the Tariff Act of 1930 (19 U.S.C. 1481) to U.S. Customs and Border Safety by merchandise importers.”.
(b) Clerical modification.—The evaluation for chapter 411 of title 46, United States Code, is amended by including on the finish the next:
“41110. Information assortment.”.
SEC. 6. Nationwide shipper advisory committee.
(a) Nationwide shipper advisory committee.—Part 42502(c)(3) of title 46, United States Code, is amended by inserting “, together with customs brokers or freight forwarders” after “ocean widespread carriers” every place such time period happens.
(b) Evaluation.—The evaluation for chapter 425 of title 46, United States Code, is amended by inserting earlier than the merchandise regarding part 42501 the next:
“Sec. ”.
SEC. 7. Annual report and public disclosures.
(a) Report on international legal guidelines and practices.—Part 46106(b) of title 46, United States Code, is amended—
(1) in paragraph (5) by putting “and” on the finish;
(A) by putting “underneath this half” and inserting “underneath chapter 403”; and
(B) by putting the interval and inserting a semicolon; and
(3) by including on the finish the next:
“(7) an identification of any anticompetitive or nonreciprocal commerce practices by ocean widespread carriers;
“(8) an evaluation of any commerce imbalance ensuing from the enterprise practices of ocean widespread carriers, together with an evaluation of the info collected underneath part 41110; and
“(9) an identification of any in any other case regarding practices by ocean widespread carriers, notably such carriers which can be—
“(A) State-owned or State-controlled enterprises; or
“(B) owned or managed by, is a subsidiary of, or is in any other case associated legally or financially (apart from a minority relationship or funding) to an organization primarily based in a rustic—
“(i) recognized as a nonmarket financial system nation (as outlined in part 771(18) of the Tariff Act of ( U.S.C. 1677(18))) as of the date of enactment of this paragraph;
“(ii) recognized by america Commerce Consultant in the newest report required by part 182 of the Commerce Act of 1974 (19 U.S.C. 2242) as a precedence international nation underneath subsection (a)(2) of that part; or
“(iii) topic to monitoring by the Commerce Consultant underneath part 306 of the Commerce Act of 1974 (19 U.S.C. 2416).”.
(1) IN GENERAL.—Part 46106 of title 46, United States Code, is amended by including on the finish the next:
“(d) Public disclosures.—The Federal Maritime Fee shall publish, and yearly replace, on the web site of the Fee—
“(1) all findings by the Fee of false certifications by widespread carriers or marine terminal operators underneath part 41104(a)(15) of this title; and
“(2) all penalties imposed or assessed in opposition to widespread carriers or marine terminal operators, as relevant, underneath sections 41107, 41108, and 41109, listed by every widespread service or marine terminal operator.”.
(2) CONFORMING AND CLERICAL AMENDMENTS.—
(A) CONFORMING AMENDMENT.—The heading for part 46106 of title 46, United States Code, is amended by inserting “and public disclosure” after “report”.
(B) CLERICAL AMENDMENT.—The evaluation for chapter 461 of title 46, United States Code, is amended by putting the merchandise associated to part 46106 and inserting the next:
“46106. Annual report and public disclosure.”.
Part 41102 of title 46, United States Code, is amended by including by including on the finish the next:
“(d) Prohibition on retaliation.—A typical service, marine terminal operator, or ocean transportation middleman, both alone or together with some other particular person, instantly or not directly, might not retaliate in opposition to a shipper, a shipper’s agent, or a motor service by refusing, or threatening to refuse, cargo area lodging when out there, or resort to different unfair or unjustly discriminatory strategies as a result of the shipper has patronized one other service, has filed a criticism, or for some other motive.
“(e) Certification.—A typical service or marine terminal operator shall not cost some other particular person demurrage or detention expenses underneath a tariff, marine terminal schedule, service contract, or some other contractual obligation until accompanied by an correct certification that such expenses adjust to all guidelines and laws regarding demurrage or detention issued by the Fee. The certification requirement solely applies to the entity that establishes the cost, and a typical service or marine terminal operator that collects a cost on behalf of one other widespread service or marine terminal operator is just not liable for offering the certification, besides that an bill from a typical service or marine terminal operator gathering a cost on behalf of one other should embody a certification from the get together that established the cost.”.
SEC. 9. Prohibition on unreasonably declining cargo.
(a) Unreasonably declining cargo.—Part 41104 of title 46, United States Code, is amended in subsection (a)—
(1) by putting paragraph (3) and inserting the next:
“(3) interact in practices that unreasonably scale back shipper accessibility to tools mandatory for the loading or unloading of cargo;”;
(2) in paragraph (12) by putting “; or” and inserting a semicolon;
(3) in paragraph (13) by putting the interval and inserting a semicolon; and
(4) by including on the finish the next:
“(14) fail to furnish or trigger a contractor to fail to furnish containers or different amenities and instrumentalities wanted to carry out transportation providers, together with allocation of vessel area lodging, in consideration of fairly foreseeable import and export calls for; or
“(15) unreasonably decline export cargo bookings if such cargo might be loaded safely and well timed, as decided by the Commandant of the Coast Guard, and carried on a vessel scheduled for the quick vacation spot of such cargo.”.
(b) Rulemaking on unreasonably declining cargo.—
(1) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Fee shall provoke a rulemaking continuing to outline the time period “unreasonably decline” for the needs of subsection (a)(15) of part 41104 of title 46, United States Code (as added by subsection (a)).
(2) CONTENTS.—The rulemaking underneath paragraph (1) shall handle the unreasonableness of ocean widespread carriers prioritizing the cargo of empty containers whereas excluding, limiting, or in any other case decreasing the cargo of full, loaded containers when such containers are available to be shipped and the appurtenant vessel has the load and area capability out there to hold such containers if loaded in a protected and well timed method.
SEC. 10. Detention and demurrage.
(a) Usually.—Part 41104 of title 46, United States Code, is additional amended by including on the finish the next:
“(d) Certification.—Failure of a typical service to incorporate a certification underneath part 41102(e) alongside any demurrage or detention cost shall eradicate any obligation of the charged get together to pay the relevant cost.
“(e) Demurrage and detention practices and expenses.—However some other provision of regulation and never later than 30 days of the date of enactment of this subsection, a typical service or marine terminal operator, shall—
“(1) act in a way in line with any guidelines or laws regarding demurrage or detention issued by the Fee;
“(2) keep all information supporting the evaluation of any demurrage or detention expenses for a interval of 5 years and supply such information to the invoiced get together or to the Fee on request; and
“(3) bear the burden of building the reasonableness of any demurrage or detention expenses that are the topic of any criticism continuing difficult a typical service or marine terminal operator demurrage or detention expenses as unjust and unreasonable.
“(f) Penalties for false or inaccurate licensed demurrage or detention expenses.—Within the occasion of a discovering that the certification underneath part 41102(e) was inaccurate, or false after submission underneath part 41301, penalties underneath part 41107 shall be utilized if the Fee determines, in a separate enforcement continuing, such certification was inaccurate or false.”.
(b) Rulemaking on detention and demurrage.—
(1) IN GENERAL.—Not later than 120 days after the date of enactment of this Act, the Federal Maritime Fee shall provoke a rulemaking continuing to determine guidelines prohibiting widespread carriers and marine terminal operators from adopting and making use of unjust and unreasonable demurrage and detention guidelines and practices.
(2) CONTENTS.—The rulemaking underneath paragraph (1) shall handle the problems recognized within the remaining rule printed on Could 18, 2020, titled “Interpretive Rule on Demurrage and Detention Underneath the Transport Act” (85 Fed. Reg. 29638), together with the next:
(A) Establishing clear and uniform definitions for demurrage, detention, cargo availability for retrieval and related free time, and different terminology used within the rule. The definition for cargo availability for retrieval shall account for presidency inspections.
(B) Establishing that demurrage and detention guidelines will not be unbiased income sources however incentivize efficiencies within the ocean transportation community, together with the retrieval of cargo and return of kit.
(C) Prohibiting the consumption of free time or assortment of demurrage and detention expenses when obstacles to the cargo retrieval or return of kit are throughout the scope of accountability of the service or their agent and past the management of the invoiced or contracting get together.
(D) Prohibiting the graduation or continuation of free time until cargo is obtainable for retrieval and well timed discover of cargo availability has been supplied.
(E) Prohibiting the consumption of free time or assortment of demurrage expenses when marine terminal appointments will not be out there throughout the free time interval.
(F) Prohibiting the consumption of free time or assortment of detention expenses on containers when the marine terminal required for return is just not open or out there.
(G) Requiring widespread carriers to supply well timed discover of—
(i) cargo availability after vessel discharge;
(ii) container return places; and
(iii) advance discover for container early return dates.
(H) Establishing minimal billing necessities, together with timeliness and supporting data that shall be included in or with invoices for demurrage and detention expenses that can permit the invoiced get together to validate the costs.
(I) Requiring widespread carriers and marine terminal operators to determine cheap dispute decision insurance policies and practices.
(J) Establishing the duties of shippers, receivers, and draymen with respect to cargo retrieval and tools return.
(Ok) Clarifying guidelines for the invoicing of events apart from the shipper for any demurrage, detention, or different related per container expenses, together with figuring out whether or not such events needs to be billed in any respect.
(c) Rulemaking on minimal service requirements.—Not later than 90 days after the date of enactment of this Act, the Fee shall provoke a rulemaking continuing to include subsections (d) by way of (f) of 41104 of title 46, United States Code, which shall embody the next:
(1) The duty to undertake cheap guidelines and practices associated to or linked with the furnishing and allocation of ample and appropriate tools, vessel area lodging, containers, and different instrumentalities mandatory for the receiving, loading, carriage, unloading and supply of cargo.
(2) The obligation to carry out the contract of carriage with cheap dispatch.
(3) The requirement to hold United States export cargo if such cargo might be loaded safely and well timed, as decided by the Commandant of the Coast Guard, and carried on a vessel scheduled for such cargo’s quick vacation spot.
(4) The requirement of ocean widespread carriers to determine contingency service plans to handle and mitigate service disruptions and inefficiencies in periods of port congestion and different market disruptions.
SEC. 11. Evaluation of penalties.
(a) Evaluation of penalties.—Part 41109 of title 46, United States Code, is amended—
(A) by inserting “or, along with or in lieu of a civil penalty, order the refund of cash” after “this half”; and
(B) by inserting “or refund of cash” after “situations, a civil penalty”;
(2) in subsection (c) by inserting “or refund of cash” after “civil penalty”;
(3) in subsection (e) by inserting “or order a refund of cash” after “civil penalty”; and
(4) in subsection (f) by inserting “or who’s ordered to refund cash” after “civil penalty is assessed”.
(b) Extra penalties.—Part 41108(a) of title 46, United States Code, is amended by putting “part 41104(1), (2), or (7)” and inserting “subsections (d) or (e) of part 41102 or paragraph (1), (2), (7), (14), or (15) of part 41104(a)”.
(c) Conforming modification.—Part 41309 of title 46, United States Code, is amended—
(A) by inserting “or refund of cash” after “cost of reparation”; and
(B) by inserting “or to whom the refund of cash was ordered” after “award was made”; and
(2) in subsection (b) by inserting “or refund of cash” after “award of reparation”.
(d) Award of reparations.—Part 41305(c) of title 46, United States Code, is amended—
(1) by inserting “or (c)” after “41102(b)”; and
(2) by inserting “, or if the Fee determines {that a} violation of part 41102(e) was made willfully or knowingly” after “of this title”.
Part 41302 of title 46, United States Code, is amended by putting “or settlement” and inserting “, settlement, price, or cost”.
SEC. 13. Injunctive reduction.
Part 41307(b) to title 46, United States Code, is amended—
(A) within the heading by putting “and third events”; and
(B) by putting the second sentence; and
(2) by including on the finish the next:
“(5) THIRD PARTY INTERVENTION.—The courtroom might permit a 3rd get together to intervene in a civil motion introduced underneath this part.”.
SEC. 14. Technical amendments.
(a) Federal maritime fee.—The evaluation for chapter 461 of title 46, United States Code, is amended by putting the primary merchandise regarding chapter 461.
(b) Evaluation of penalties.—Part 41109(c) of title 46, United States Code, is amended by putting “part 41104(1) or (2)” and inserting “paragraph (1) or (2) of part 41104(a)”.
(c) Nationwide shipper advisory committee.—Part 42502(c)(3) of title 46, United States Code is amended by putting “Illustration” and all that follows by way of “Members” and inserting “Illustration.—Members”.
SEC. 15. Authorization of appropriations.
Part 46108 of title 46, United States Code, is amended by putting “$29,086,888 for fiscal 12 months 2020 and $29,639,538 for fiscal 12 months 2021” and inserting “$32,603,492 for fiscal 12 months 2022 and $35,863,842 for fiscal 12 months 2023”.
SEC. 16. NAS research on provide chain business.
(a) Usually.—Not later than 60 days after the date of enactment of this Act, the Secretary of Transportation shall search to enter into an settlement with the Nationwide Academy of Sciences underneath which the Nationwide Academy shall conduct a research on america provide chain that examines information constraints that impede the movement of maritime cargo and add to provide chain inefficiencies and that identifies information sharing techniques that may be employed to enhance the functioning of america provide chain.
(b) Contents.—The research required underneath subsection (a) shall embody—
(1) the identification of the place bottlenecks or chokepoints are most distinguished inside america provide chain;
(2) the identification of what widespread transport information is created with every hand-off of a container by way of america provide chain and the way such information is saved and shared;
(3) the identification of essential information components utilized by any entity coated by subsection (c), together with the important thing components used for numerous provide chain enterprise processes;
(4) a evaluation of the methodology used to retailer, entry, and disseminate transport information throughout america provide chain and analysis of the inefficiencies in such methodology;
(5) an evaluation of present and potential impediments to the free movement of knowledge amongst entities coated by subsection (c), together with—
(A) identification of obstacles that forestall carriers, terminals, and shippers from getting access to industrial information; and
(i) terminology used throughout information components linked to the cargo, arrival, and unloading of a transport container; and
(ii) the classification techniques used throughout america provide chain, together with inconsistencies within the names of entities coated by subsection (c), geographical names, and terminology;
(6) the identification of knowledge to be included in an improved information sharing system designed to plan, execute, and monitor the optimum loading and unloading of maritime cargo; and
(7) the identification of present software program and information sharing platforms out there to facilitate propagation of knowledge to all brokers concerned within the loading and unloading of maritime cargo and consider the effectiveness of such software program and platforms if applied.
(c) Assortment of knowledge.—In conducting the research required underneath subsection (a), the Nationwide Academy of Sciences shall accumulate data from—
(1) vessel working widespread carriers and non-vessel working widespread carriers;
(2) marine terminal operators;
(3) industrial motorized vehicle operators;
(6) ocean transportation intermediaries;
(9) shippers and cargo house owners;
(10) the Nationwide Shipper Advisory Committee;
(11) related authorities businesses, such because the Federal Maritime Fee, the Floor Transportation Board, and america Customs and Border Safety;
(12) to the extent practicable, representatives of international international locations and maritime jurisdictions exterior of america; and
(13) some other entity concerned within the transportation of ocean cargo and the unloading of cargo upon arrival at a port.
(d) Facilitation of information sharing.—In finishing up the research underneath subsection (a), the Nationwide Academy of Sciences might solicit data from any related company regarding america provide chain.
(e) Report.—Not later than 18 months after getting into into an association with the Secretary underneath subsection (a), the Nationwide Academy of Sciences shall undergo the Committee on Transportation and Infrastructure of the Home of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and make out there on a publicly accessible web site, a report containing—
(1) the research required underneath subsection (a);
(2) the knowledge collected underneath subsections (b) and (c), excluding any personally identifiable data or delicate enterprise data; and
(A) widespread information requirements for use in america provide chain; and
(B) insurance policies and protocols that will streamline data sharing throughout america provide chain.
SEC. 17. Short-term emergency authority.
(a) Public enter on data sharing.—
(1) IN GENERAL.—Not later than 30 days after the date of enactment of this Act, the Federal Maritime Fee shall situation a request for data looking for public remark concerning—
(A) whether or not congestion of the widespread carriage of products has created an emergency state of affairs of a magnitude such that there exists a considerable adversarial impact on the competitiveness and reliability of the worldwide ocean transportation provide system;
(B) whether or not an emergency order described in subsection (b) would alleviate such an emergency state of affairs; and
(C) the suitable scope of such an emergency order, if relevant.
(2) CONSULTATION.—Throughout the public remark interval underneath paragraph (1), the Fee might seek the advice of, because the Fee determines to be applicable, with—
(A) different Federal departments and businesses; and
(B) individuals with experience regarding maritime and freight operations.
(b) Authority to situation emergency order requiring data sharing.—On making a unanimous willpower described in subsection (c), the Fee might situation an emergency order requiring any widespread service or marine terminal operator to share instantly with related shippers, rail carriers, or motor carriers data regarding cargo throughput and availability, with a view to make sure the environment friendly transportation, loading, and unloading of cargo to or from—
(1) any inland vacation spot or level of origin;
(3) any level on a wharf or terminal.
(c) Description of willpower.—
(1) IN GENERAL.—A willpower referred to in subsection (b) is a unanimous willpower by the Fee that congestion of widespread carriage of products has created an emergency state of affairs of a magnitude such that there exists a considerable adversarial impact on the competitiveness and reliability of the worldwide ocean transportation provide system.
(2) FACTORS FOR CONSIDERATION.—In issuing an emergency order underneath subsection (b), the Fee shall be certain that such order contains parameters regarding temporal and geographic scope, making an allowance for the seemingly burdens on ocean carriers and marine terminal operators and the seemingly advantages on congestion regarding the needs described in part 40101 of title 46, United States Code.
(1) IN GENERAL.—A typical service or marine terminal operator topic to an emergency order issued underneath this part might undergo the Fee a petition for exception from 1 or extra necessities of the emergency order, primarily based on a exhibiting of undue hardship or different situation rendering compliance with such a requirement impractical.
(2) DETERMINATION.—Not later than 21 days after the date on which a petition for exception underneath paragraph (1) is submitted, the Fee shall decide whether or not to approve or deny such petition by majority vote.
(3) INAPPLICABILITY PENDING REVIEW.—The necessities of an emergency order that’s the topic of a petition for exception underneath this subsection shall not apply to a petitioner throughout the interval for which the petition is pending.
(1) TERM.—An emergency order issued underneath this part shall stay in impact for a interval of not longer than 60 days.
(2) RENEWAL.—The Fee might renew an emergency order issued underneath this part for a further time period by a unanimous willpower by the Fee.
(f) Sundown.—The authority supplied by this part shall terminate on the date that’s 2 years after the date of enactment of this Act.
(g) Definitions.—On this part:
(1) COMMON CARRIER.—The time period “widespread service” has the that means given such time period in part 40102 of title 46, United States Code.
(2) MOTOR CARRIER.—The time period “motor service” has the that means given such time period in part 13102 of title 49, United States Code.
(3) RAIL CARRIER.—The time period “rail service” has the that means given such time period in part 10102 of title 49, United States Code.
(4) SHIPPER.—The time period “shipper” has the that means given such time period in part 40102 of title 46, United States Code.
SEC. 18. Dedication of budgetary results.
The budgetary results of this Act, for the aim of complying with the Statutory Pay-As-You-Go Act of 2010, shall be decided by reference to the newest assertion titled “Budgetary Results of PAYGO Laws” for this Act, submitted for printing within the Congressional Document by the Chairman of the Home Funds Committee, supplied that such assertion has been submitted previous to the vote on passage.
Handed the Home of Representatives December 8, 2021.
