1998 Year of the Ocean The U.S. Marine Transportation System 



merchandise, and weight. Such document shall be prima facie evidence of receipt of the 

 merchandise. It allows vessel owners limitation of liability for losses resulting from errors in 

 navigation, dangers of sea and acts of God. Similar to the Carriage of Goods by Sea Act, except 

 that the Harter Act: does not allow for relieve the owner for errors in navigation if there was failure 

 to exercise due diligence to provide a seaworthy vessel; has no statute of limitations; and does not 

 provide a limit of liability for loss or damage of cargo. 



Carriage of Goods by Sea Act . 46 App. U.S.C. §§ 1300-1315 



The Carriage of Goods by Sea Act governs every bill of lading or similar document of title which is 

 evidence of a contract for the carriage of goods by sea to or from U.S. ports, in foreign trade. 

 Provides for the duties and rights of carrier. The Act provides for the responsibilities and liabilities 

 of the carrier and ship regarding, for example, seaworthiness, cargo and contents of a bill, as well as 

 rights and immunities of the carrier and ship. 



IV. COMMERCE 



Interstate Commerce Act , as amended. (ICA). 49 U.S.C. §§ 1 01 01 et seq. 



The ICA provides for the regulation of rates and services of competing interstate carriers. Part B 

 (chapters 131-149) addresses water carriers, defined as a person providing water transportation for 

 compensation (section 13102(22)). The transportation policy of part B is to "ensure the 

 development, coordination, and preservation of a transportation system that meets the 

 transportation needs of the United States." In overseeing the modes of transportation, the United 

 States will, among other things, recognize and preserve the inherent advantage of each mode of 

 transportation; promote safe, adequate, economical, and efficient transportation; encourage the 

 establishment and maintenance of reasonable rates for transportation, without unreasonable 

 discrimination or unfair or destructive competitive practices; and in overseeing transportation by 

 water carrier, to encourage and promote service and price competition in the noncontiguous 

 domestic trade (section 13101). The Secretary and the Surface Transportation Board (formerly the 

 Interstate Commerce Commission) have jurisdiction over transportation by water carrier section 

 13521). Amendments to the ICA repealed provisions of the Shipping Act of 1916, and Intercostal 

 Shipping Act. 



Intermodal Surface Transportation Efficiency Act of 1991 . P.L. 102-240. 



The purpose of the Act is to develop a national surface transportation system that is economically 

 efficient and environmentally sound, provides the foundation for a global economy, will move 

 people and goods in an energy efficient manner. The Act provides that the system will consist of all 

 forms of transportation in a unified, interconnected manner, including transportation systems of the 



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