---
kind: "section"
citation: "46 U.S.C. § 58107"
title: "46"
title_heading: "Shipping"
number: "58107"
heading: "Discrimination at ports by water common carriers"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/58107"
units:
  - "Subtitle V — Merchant Marine"
  - "Part G — Restrictions and Penalties"
  - "Chapter 581 — Restrictions and Penalties"
---

# §58107. Discrimination at ports by water common carriers

- (a) **Prohibition.—** A common carrier by water may not, directly or indirectly, through an [agreement](/usc/46/53201.md?p=8), conference, association, understanding, or otherwise, prevent or attempt to prevent any other common carrier by water from serving any port described in [subsection (b)](#b) at the same rates the first carrier charges at the nearest port already regularly served by it.
- (b) **Ports.—** A port referred to in [subsection (a)](#a) is one that is—
  - (1) designed for the accommodation of ocean-going [vessels](/usc/46/53501.md?p=9);
  - (2) located on an improvement project authorized by law or by a Federal agency; and
  - (3) located within the continental limits of the [United States](/usc/46/53101.md?p=10).
- (c) **Other Authority Not Limited.—** This section does not limit the authority otherwise vested in the [Secretary](/usc/46/53101.md?p=8) of Transportation and the Federal Maritime Commission.

## Source credit

(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1672.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 58107 | 46 App.:1115. | June 29, 1936, ch. 858, title II, § 205, 49 Stat. 1987; Pub. L. 97–31, § 12(62), Aug. 6, 1981, 95 Stat. 159. |