§40301 — Title 46 Shipping | U.S. Code

Summary

It applies to agreements among ocean carriers when they set or talk about rates, divide traffic or money, assign ports or voyages, limit what cargo or passengers to carry, make exclusive or cooperative work deals (including with terminal operators), control competition, or agree on service-contract matters. It also applies to agreements among marine terminal operators or between terminal operators and carriers when they set rates or make exclusive/cooperative deals for U.S. foreign ocean transportation. It does not cover buying voting stock or assets. It does not cover maritime labor agreements, except it still covers any carrier rates, charges, rules, or contract terms that must be in a tariff or are essential to a service contract. Assessment agreements are excluded except for sections 40305 and 40307(a).

Title 46, §40301

Shipping — Source: USLM XML via OLRC

(a)This part applies to an agreement between or among ocean common carriers to—

(1)discuss, fix, or regulate transportation rates, including through rates, cargo space accommodations, and other conditions of service;

(2)pool or apportion traffic, revenues, earnings, or losses;

(3)allot ports or regulate the number and character of voyages between ports;

(4)regulate the volume or character of cargo or passenger traffic to be carried;

(5)engage in an exclusive, preferential, or cooperative working arrangement between themselves or with a marine terminal operator;

(6)control, regulate, or prevent competition in international ocean transportation; or

(7)discuss and agree on any matter related to a service contract.

(b)This part applies to an agreement between or among marine terminal operators, or between or among one or more marine terminal operators and one or more ocean common carriers, to—

(1)discuss, fix, or regulate rates or other conditions of service; or

(2)engage in exclusive, preferential, or cooperative working arrangements, to the extent the agreement involves ocean transportation in the foreign commerce of the United States.

(c)This part does not apply to an acquisition by any person, directly or indirectly, of any voting security or assets of any other person.

(d)This part does not apply to a maritime labor agreement. However, this subsection does not exempt from this part any rate, charge, regulation, or practice of a common carrier that is required to be set forth in a tariff or is an essential term of a service contract, whether or not the rate, charge, regulation, or practice arises out of, or is otherwise related to, a maritime labor agreement.

(e)This part (except section 40305 and 40307(a)) does not apply to an assessment agreement.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 40301(a)46 App.:1703(a).Pub. L. 98–237, § 4, Mar. 20, 1984, 98 Stat. 70; Pub. L. 105–258, title I, § 103, Oct. 14, 1998, 112 Stat. 1904. 40301(b)46 App.:1703(b). 40301(c)46 App.:1703(c). 40301(d)46 App.:1704(f).Pub. L. 98–237, § 5(e) (last sentence), (f), Mar. 20, 1984, 98 Stat. 70; Pub. L. 104–88, title III, § 335(c)(2), Dec. 29, 1995, 109 Stat. 954; Pub. L. 105–258, title I, § 104(a)(2), (b), Oct. 14, 1998, 112 Stat. 1904, 1905. 40301(e)46 App.:1704(e) (last sentence).

§40301 Application

Summary

Title 46, §40301

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata