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46 U.S.C. § 40301Application

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 306 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law says which shipping agreements are covered by federal rules on ocean carriers and marine terminals. Covered deals include fixing rates, sharing cargo space, or limiting competition between carriers. It excludes company acquisitions and most labor agreements.

(a) Ocean Common Carrier Agreements. This part covers agreements between ocean common carriers to: (1) discuss, fix, or control shipping rates, cargo space, or other service terms; (2) share or divide traffic, revenue, earnings, or losses; (3) assign ports or control how many trips run between ports; (4) control how much cargo or how many passengers are carried; (5) set up exclusive, preferred, or joint work arrangements between carriers or with a marine terminal operator; (6) control, limit, or prevent competition in international ocean shipping; or (7) discuss or agree on anything related to a service contract. (b) Marine Terminal Operator Agreements. This part also covers agreements between marine terminal operators, or between terminal operators and ocean common carriers, to (1) discuss, fix, or control rates or service terms, or (2) set up exclusive, preferred, or joint work arrangements — as long as the agreement involves ocean shipping in U.S. foreign trade. (c) Acquisitions. This part does not cover anyone buying, directly or indirectly, voting stock or assets of another company. (d) Maritime Labor Agreements. This part does not cover maritime labor agreements. But this exception does not excuse a carrier from following tariff or service-contract rules just because the rate, charge, rule, or practice comes from a labor agreement. (e) Assessment Agreements. This part — except for sections 40305 and 40307(a) — does not apply to "assessment agreements."
the actual law source: uscode.house.gov ↗public domain
(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.

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

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-304 · 120 Stat. 1528

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.

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