Section 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). | |