Intermodal Shipping Act of 1989

Intermodal Shipping Act of 1989 - Title I: Definitions and Application - Sets forth definitions for purposes of this Act.

Declares that this Act applies to the transportation, storage, and handling of property for Federal, State, and local governments, and for charitable purposes, but not to intrastate commerce, nor to certain transportation not included in the coastwise trade. Specifies how this Act applies to: (1) the Federal Maritime Commission's jurisdiction or authority with regard to certain through rates; (2) maritime labor agreements; and (3) assessment agreements.

Title II: General Authority of the Commission - Authorizes the Federal Maritime Commission to exempt any class of agreements or any specified activity from a requirement of this Act if certain conditions are met. Provides for: (1) the use of subpoenas and discovery in an investigation or adjudicatory proceeding under this Act; (2) assessment by the Commission of civil penalties for violations under this Act; (3) investigation by the Commission of any conduct or agreement the Commission believes may be in violation of this Act; (4) procedures in connection with a sworn complaint alleging a violation; (5) reparations awards; (6) issuance of orders by the Commission; (7) enforcement by civil court action of subpoenas and nonreparation orders; (8) final decision time requirements; (9) enforcement by civil court action of reparation orders; and (10) a fee or charge for a service or thing of value provided by the Commission. Requires such fees collected by the Commission for a service or thing provided by the Coast Guard to be deposited in the general fund of the Treasury as proprietary receipts of the Commission and ascribed to Commission activities.

Title III: General Filing Requirements - Requires the Commission to mandate that the chief executive officer of each domestic commerce common carrier and domestic ocean freight forwarder that is subject to this Act, and authorizes the Commission to require any broker, consignor, consignee, marine terminal operator, or shipper subject to this Act, to file periodic, written certifications: (1) that such entity has a policy of prohibiting a rebate that is unlawful under this Act; and (2) concerning related efforts to prevent or correct unlawful rebating.

Authorizes the Commission to require a domestic commerce common carrier, a domestic ocean freight forwarder, a domestic ocean terminal operator, or an officer, receiver, trustee, lessee, agent, or employee of such entities to file with the Commission a record, rate, or periodic or special report related to the business of the entity or person.

Requires each domestic commerce common carrier to provide evidence of financial responsibility, in an amount set by the Commission, but not less than a specified sum, for damages to indemnify persons for not providing the transportation for which the carrier is liable.

Title IV: Agreements - Declares that the antitrust laws do not apply to certain types of agreements, activities, or rates including, in certain circumstances, agreements or activities prohibited by this Act. Specifies types of agreements and discussions for which these provisions do not provide antitrust immunity. Prohibits a person from recovering damages or obtaining an injunction under specified provisions of the Clayton Act for conduct prohibited by this Act. Applies these antitrust provisions to a domestic ocean common carrier in which a State has certain types of ownership, control, or other specified rights.

Requires, on request of the Commission, a domestic ocean common carrier, a domestic ocean freight forwarder, or a domestic ocean terminal operator that is a party or conforms to an agreement with another carrier, forwarder, or operator, to file with the Commission a copy or memorandum of the agreement. Declares that this Act applies to an agreement among marine terminal operators and among at least one such operator and at least one ocean common carrier to engage in an exclusive, preferential, or cooperative arrangement.

Requires the Commission to: (1) submit a notice of the filing to the Federal Register for publication; and (2) reject an agreement that the Commission finds to be discriminatory or unreasonable or to be in violation of this Act. Prohibits the Commission from limiting an agreement to a fixed term. Declares that if, after an agreement is filed or becomes effective, the Commission decides that the agreement is likely, by reducing competition, to produce an unreasonable reduction in transportation service or an unreasonable increase in transportation costs, the Commission may bring a civil action under specified provisions of this Act. States that the civil action is the Commission's sole remedy in such circumstances.

Allows the Commission, in certain circumstances, to disapprove, cancel, or change the agreement. Makes unlawful any agreement that is disapproved or not approved by the Commission.

Exempts information filed with the Commission under specified provisions of this Act, subject to exception, from certain provisions of the Freedom of Information Act and prohibits its disclosure except in an administrative or judicial proceeding.

Title V: Rates and Tariffs - Requires each domestic commerce common carrier to establish, observe, and enforce reasonable rates, classifications and tariffs, and rules and practices.

Requires, except for bulk cargo, each domestic commerce common carrier to file with the Commission each of its tariffs containing its rates, classifications, rules, and practices with respect to its own route and any established through route. Sets forth requirements for a tariff under these provisions.

Regulates the time at which a new or initial rate or a change in an existing rate becomes effective.

Allows the Commission to reject a tariff that does not comply with this Act. Declares a rejected tariff void, and its use unlawful.

Requires the Commission to: (1) publish annually an unadjusted benchmark for domestic ocean common carriers based on the return on total capital for U.S. manufacturing companies for the previous five years; and (2) maintain guidelines for determining reasonable adjustments to the benchmark.

Requires each domestic ocean common carrier to file annually with the Commission a report including, with regard to a trade, that carrier's gross revenues, volume, and allocated capacity. Authorizes the Commission to exempt such a carrier, based on market share, degree of concentration, and amount of excess capacity, from requirements of this Act relating to establishing and enforcing reasonable rates. Allows the Commission to revoke an exemption for cause shown. Lists factors the Commission may consider. Prohibits the Commission from exempting such carriers in which a State has certain types of ownership, control, or other specified interests. Exempts a nonvessel-operating common carrier from such reasonable rate requirements of this Act.

Authorizes the Commission, on protest from the Attorney General of an affected State, to begin a proceeding on any proposed or filed rate, classification, rule, or practice.

Authorizes the Commission, when it finds a rate, classification, tariff, rule, or practice is unreasonable, to determine and order enforced a reasonable maximum or minimum, or maximum and minimum, rate or a reasonable classification, tariff, rule, or practice. Declares that, when a domestic commerce common carrier files a new tariff containing certain elements, the Commission may order the proceeding only after publishing detailed reasons why the proceeding is necessary and specific issues to be resolved, plus giving notice to interested carriers.

Deems reasonable a general increase in rates resulting in a rate of return or profit that is not more than the adjusted benchmark for that carrier.

Authorizes the Commission, subject to exception, to suspend a proposed rate, classification, rule, or practice for a limited time pending final Commission action in a proceeding.

Sets forth: (1) time periods for hearings and initial and final decisions; and (2) rules regarding the burden of proof. Provides that: (1) the Commission may issue any order on a rate, classification, rule, or practice involved in a proceeding, after a full hearing, that the Commission could have issued in a proceeding begun after the rate, classification, rule, or practice had become effective; and (2) if the Commission does not meet the deadline for a final decision, the proposed rate, classification, rule, or practice shall be considered reasonable. Authorizes the Commission, if it is unable to issue a final decision by the deadline because of delays directly attributable to the proposing carrier, to disapprove the proposal.

Authorizes the Commission to order a refund, plus interest, of any part that is found unreasonable of a general rate increase.

Allows the Commission, on application of a carrier or shipper, to permit a domestic commerce common carrier to refund a part of the freight charges collected, or waive collecting a part of the charges, if: (1) there is an error; (2) the refund or waiver will not result in discrimination among shippers, ports, or carriers; and (3) other conditions are met.

Sets forth additional tariff requirements for domestic ocean common carriers transporting more than sixteen passengers, including that the tariff must: (1) be printed plainly; (2) be conspicuously posted and readily accessible to the public for convenient inspection; (3) have specified contents; and (4) meet other requirements. Authorizes the Commission to reject a tariff that does not comply with this Act. Declares a rejected tariff void, and its use unlawful.

Requires each domestic ocean freight forwarder and domestic ocean terminal operator to establish, observe, and enforce reasonable rules and practices related to receiving, handling, storing, and delivering property. Authorizes the Commission, when it finds a rule or practice of such a forwarder or operator unreasonable, to determine and order enforced a reasonable rule or practice.

Requires, notwithstanding another law, rates for barging and affreighting containers or containerized property by barge between places in the United States to be filed only with the Commission in certain circumstances. Declares that the marine terminal operator providing services under these provisions is subject to this Act.

Title VI: Domestic Ocean Freight Forwarders - Allows a person to act as a domestic ocean freight forwarder only if that person holds a domestic ocean freight forwarder's license issued by the Commission. Requires the Commission to issue a forwarder's license to a person that is qualified and provides a bond to insure financial responsibility. Allows a person whose primary business is the sale of merchandise to forward shipments of the merchandise for its own account without a forwarder's license. Requires the Commission to suspend or revoke a license if the Commission finds that the forwarder is not qualified or knowingly did not comply with this Act or an order of the Commission. Allows the Commission to revoke a license for failure to maintain a bond.

Allows a domestic commerce common carrier to compensate a domestic ocean freight forwarder for a shipment dispatched for others only when the forwarder has certified that it holds a forwarder's license and has provided specified services. Prohibits such carrier from paying more than once for the same shipment. Prohibits: (1) such forwarder from receiving compensation for a shipment in which the forwarder has any beneficial interest; and (2) such carrier from knowingly paying compensation on that shipment. Allows compensation to be paid to such forwarder only as provided under the tariff requirements of this Act.

Title VII: Enforcement - Authorizes the Commission to bring a civil action to enjoin conduct in violation of this Act or to enjoin the operation of an agreement filed under specified provisions of this Act. Provides for temporary restraining orders, preliminary injunctions, and, in the case of agreements, permanent injunctions. Allows the Commission to bring a civil action about, and a specified court to order compliance with, a request of the Commission for additional information and documents relating to an agreement.

Allows a person who has, under specified provisions of this Act, filed a sworn complaint alleging a violation of this Act, to bring a civil action to enjoin conduct by a defendant in violation of this Act. Requires a prevailing defendant to be allowed reasonable attorney fees.

Authorizes the Commission to represent itself in an action under this Act: (1) in a U.S. district court, on notice to the Attorney General; and (2) in a U.S. court of appeals, with the approval of the Attorney General.

Title VIII: Prohibitions and Penalties - Lists actions which are prohibited to a domestic commerce common carrier and actions prohibited to a shipper or its subsidiary.

Sets forth, for various classes of actors, civil monetary penalties and declares certain knowing violations to be class A misdemeanors. Allows the Commission, in the case of certain violations by a domestic commerce common carrier, to suspend any tariff of that carrier for a limited period.

Declares that, when a domestic ocean common carrier reduces its rates for transporting any class of property in violation of specified provisions of this Act, the carrier may increase those rates only if the Commission finds that the increase is being proposed because of changed conditions except injuring the competitive carrier.

Sets forth civil monetary penalties for influencing marine insurance rates for competitors, disclosing confidential shipper and consignee information, and violating specified financial responsibility provisions of this Act.

Title IX: Miscellaneous - Amends the Shipping Act of 1984 to amend the definition of "common carrier" to include references to U.S. territories or possessions not included within the coastwise trade.

Amends Federal law relating to transportation and interstate commerce to declare that specified provisions do not give the Interstate Commerce Commission (ICC) jurisdiction over water common carriers for transportation subject to regulation by the Federal Maritime Commission.

Amends Federal law relating to the authority of the U.S. courts of appeals to review the rules, regulations, or final orders of the Federal Maritime Commission to remove references to specified provisions of the Shipping Act, 1916 and substitute references to specified provisions of this Act.

Declares that, unless found otherwise in a proceeding brought under the Shipping Act, 1916 or the Intercoastal Shipping Act, 1933, a rate, classification, tariff, rule, or practice that was filed with the Commission before the effective date of this Act is deemed reasonable under specified provisions of this Act.

Repeals, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before the effective date of this Act, the Intercoastal Shipping Act, 1933 and specified provisions of the Shipping Act, 1916.

Authorizes the Commission to prescribe interim rules and regulations to carry out this Act. Exempts the Commission, for such purposes, from specified provisions of Federal law relating to notice and comment requirements. Sets forth an expiration period for the interim rules and regulations.