Application

1. Law
2. USC 46
3. Shipping
4. Regulation of Ocean Shipping
5. Ocean Shipping
6. AGREEMENTS
7. Application

§40301. Application

(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 sections 40305 and 40307(a)) does not apply to an assessment agreement.

( Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1528 .)

Historical and Revision Notes

Revised Section	Source (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).

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