§11108. Water carriers subject to unreasonable discrimination in foreign transportation
(a) The Interstate Commerce Commission may relieve a water carrier providing transportation subject to the jurisdiction of the Commission under subchapter III of chapter 105 of this title, from the requirements of this subtitle when a rate, rule, or practice established by a person providing water transportation to or from a port in a foreign country in competition with that carrier unreasonably discriminates against that carrier. The Commission may relieve that carrier to the extent and for the period of time necessary to end or ease the discrimination if the relief is in the public interest and consistent with the transportation policy of section 10101 of this title.
(b) The Commission may begin a proceeding under this section on its own initiative or on application.
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| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11108(a) | 49:904(d) (less 1st–12th words). | Feb. 4, 1887, ch. 104, |
| 11108(b) | 49:904(d) (1st–12th words). |
In subsection (a), the words "subject to the jurisdiction of the Commission under subchapter III of chapter 105 of this title" are inserted to conform this subsection to the revised title. The word "rate" is substituted for "rates, fares" in view of the definition of "rate" in section 10102 of the revised title. The word "rule" is substituted for "regulation" for consistency when referring to a carrier. The words "water carrier" are substituted for "common carriers by water or contract carriers by water" in view of the definition of "water carrier" in section 10102 of the revised title. The words "unreasonably discriminates" are substituted for "cause undue disadvantage" for consistency. See the revision note to section 10101 of the revised title. The words "by reason of such competition" are omitted as unnecessary in view of the restatement. The words "in such manner as in its judgment" are omitted to eliminate redundancy. The words "end or ease" are substituted for "avoid" or "lessen" for clarity.
In subsection (b) the words "The Commission may begin a proceeding under this section on its own initiative or on application" are substituted for "upon application, or upon its own initiative without application" and "whenever it shall appear from complaint made to the Commission or otherwise" for clarity and consistency.