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

Summary

Applies to agreements between ocean common carriers that affect international shipping. It covers seven kinds of actions, like setting rates or service terms; splitting traffic, revenue, or losses; assigning ports or voyages; limiting cargo or passenger volumes; making exclusive or cooperative working deals (including with marine terminal operators); controlling competition; and agreeing on service-contract matters. It also covers similar terminal-operator agreements that involve U.S. foreign ocean trade. Not covered are buying another company’s voting stock or assets. Maritime labor agreements are excluded, unless they create a rate, charge, rule, or practice that must appear in a tariff or is an essential term of 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