PRIA, Government Policy, Made Personal

Summary

Covers agreements among ocean carriers that set or talk about shipping rates and service terms, share or split traffic or money, decide which ports or how often ships call, control the amount or type of cargo or passengers, make exclusive or cooperative deals (including with terminal operators), limit competition, or agree on anything tied to a service contract. Also covers agreements among marine terminal operators, or between terminals and carriers, that set rates or make exclusive/cooperative working deals when they affect ocean transport involving the United States. It does not cover buying another company’s stock or assets, nor maritime labor agreements (except any tariff item or essential service-contract term they create). Assessment agreements are excluded except as to sections 40305 and 40307(a).

Title 46, §40301

Shipping, Source: USLM XML via OLRC

(a)Ocean Common Carrier Agreements.—

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)Marine Terminal Operator Agreements.—

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)Acquisitions.—

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)Maritime Labor Agreements.—

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)Assessment Agreements.—

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